-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.38l8 of 2005 Appa Rajaram Mhamunkar....Petitioner vs The State of Mah andors..Respondents Mr C.G Gavnekar for petitinoer MR P M Patil AGP for State CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. CORAM: A.P.SHAH & S.J.VAZIFDAR JJ. Dated 5.7.2005 Dated 5.7.2005 Dated 5.7.2005 P.C: . By the impugned order the respondent no 2 has held that due to birth of third child the petitioner has incurred disqualification under section l6(2)(a) of the Maharashtra Zilla Parishad and Panchayat Samities Act, l96l and has become disqualified to continue as a member of the Panchayat Samiti. There is ample material on record to show the birth of third child to the petitioner. The certificate under the Birth and Death Registration Act, l969 shows that the petitioner has got son on 5.4.2004. In the certificate name of the child is shown as Appa Rajaram Mhamunkar and the name of the mother is -2- shown as Ashwini Appa Mamnekar.The deposition of the Health Officer also shows that the petitioner has third child in May 2005. There are entries of TT test and BCG Polio dose given to the child and the register is duly certified by the Superintendent and Medical Officer. In the entire petition which runs into 24 pages the petitioner has nowhere disputed that he had third child in May 2004. Therefore there is no reason to interfere with the impugned order . Petition is dismissed.