FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGBAD. -------------------------------------------------------------------------------------------- Office notes, office Memoranda of | coram, appearance, court’s orders |Court’s or Judge’s orders. or directions and Registrar’s orders | WRIT PETITION NO.3433/2008 Sopan Kisan Koli .. Petr Vs The Addl.Commissioner Nasik Divn,Nasik & Ors. .. Respdts. ... Shri S.S.Londhe h/f Shri H.V.Patil,Adv.for petr. Shri V.G.Shelke,AGP for State. Shri V.P.Patil,Adv.for Respdt.3. .... CORAM : R.K.DESHPANDE,J. DATE : 5/7/2010. 1] This Writ Petition challenges order dated 5/12/02007 passed by the Additional Commissioner, Nasik Division, Nasik in Gram Panchayat Appeal No. 78/07. It further challenges the order dated 17/9/2007 passed by the Additional Collector, Jalgaon in Gram Panchayat Dispute No.29/07. By orders impugned in this petition, the petitioner has been held to be disqualified as per the provisions of Section 14 J-1 of the Bombay Village Panchayat Act, 1958 on the ground that the third child was born to the petitioner on 3/9/2005 i.e. after the cut off date of 12/9/2001. 2] The learned A.G.P. appears for respondents 1 and 2 and has filed an affidavit dated 17/3/2010 of the Additional Collector, Jalgaon. 3] The authorities below have recorded finding of fact that a third child viz. Dhiraj Sopan Koli was born to the petitioner on 3/9/2005 i.e. after the cut off date of 12/9/2001. In view of this factual position, the petitioner was declared as disqualified under the provisions of Section 14 J-1 of the Bombay Village Panchayats Act 1958. After receipt of complaint dated 5/6/2007, it was inquired into by the Chief Executive Officer, Zilla Parishad, Jalgoan who submitted his report stating the names of 3 children born to the petitioner from which it was apparent that the third child was born on 3/9/2005. A certificate issued by the Head Master, Zilla Parishad ,Primary School, Kurvel, Tq.Chopada and certificate issued by the Medical Officer, Primary Health Center, Chahardi, Tq. Chopada was relied upon. 4] The learned counsel for the petitioner submits the certificate issued by the competent authority has not been produced. According to him, the Secretary of the Gram Panchayat is the competent authority to issue a certificate. He further submits that the certificate dated 20/7/2007 which has been accepted by the authorities below was issued by the Integrated Child Development Officer and hence the same should not have been accepted. The contention cannot be accepted for the reason that the findings are not exclusively based upon such certificate but also other evidence available on record including the report of inquiry. The finding of fact recorded cannot be said to be perverse or baseless. Hence the order passed by the authorities below, need no interference. The petition is dismissed. (R.K.DESHPANDE) JUDGE umg/wp3433-09