1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. L.P.A.No.222/2009 IN W.P.No.784/2009 ( Ziyaullah Khan Amanullaha Khan -versus- Additional Commissioner and others.) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : S.A.BOBDE & F.M. REIS, JJ DATED : JUNE 17, 2009 Heard Shri P.A. Kadu, the learned Counsel for the appellant and Shri Alok Daga, the learned Counsel for the respondent no.3. This is an appeal against the judgment of learned Single Judge of this Court, upholding the finding of the authorities, that the appellant had a child born on 26.10.2002 i.e. after the cut off date 13.09.2001 and has accordingly incurred disqualification under Section 14 [j][i] of the Bombay Village Panchayat Act, 1958. Shri Kadu, the learned Counsel for the appellant submitted that the main piece of evidence relied on by the Authorities is not reliable and 2 according to the learned Counsel, the appellant’s wife did not gave birth to any child on 26.10.2002, as certified. There appears to be no basis for this submission, since the certificate on record has been verified and accepted as genuine by the Authorities. No material is brought on record to doubt the truthfulness of the certificate. The finding that the appellant had a third child on 26.10.2002 is a finding of fact based on a certificate which refers to the appellants wife having a daughter on 26.10.2002. There is no merit in the appeal, which is hereby dismissed. No cost. JUDGE JUDGE Rgd.