1 W.P.No.4984/11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.4984 OF 2011. Raju S/o Vishram Darode, Age major, Occ.Agri., Rp Bahuli, Tq. Sillod, Dist. Auragnabad. ... Petitioner. Versus 1. The Additional Divisional Commissioner, Aurangabad. 2. The Additional Collector, Aurangabad. 3. The Tahsildar, Sillod, Tq. Sillod, Dist.Aurangabad. 4. Vitthal Ananda Thorat, Age 57 years, Occ.Agri., Bahuli,Tq. Sillod, Dist. Aurangabad. ... Respondents. ... Mr.Palodkar D.P. advocate for the petitioner. Mrs.R.K.Ladda, Asstt.Govt. Pleader for the State. Mr.P.V.Ambade, advocate for Respondent No.4. ... 2 W.P.No.4984/11 CORAM : S.V.GANGAPURWALA,J. Date : 12.07.2011. ORAL JUDGMENT : 1. Heard. 2. Rule. Rule, returnable forthwith. With the consent of the parties, the petition is taken up for final hearing. 3. The petitioner impugns the order passed by the Addl. Collector and confirmed by the Additional Commissioner,Aurangabad, disqualifying the petitioner on the ground that the 4th son was born after the cut off date. 4. The Addl. Collector, rejected the application of the present Respondent No.4 seeking disqualification of the petitioner and other two members. The present Respondent No.4 filed an appeal before the Addl.Commissioner, Aurangabad. The Addl. Commissioner allowed the appeal of one of the member. In respect of other 3 W.P.No.4984/11 member, remanded the matter back to the Addl. Collector, for verifying the record and as far as the present petitioner is concerned, allowed the appeal, disqualifying the petitioner. 5. The petitioner has assailed the same before this Court. Mr.Palodkar, learned counsel for the petitioner submits that the record which is relied by the Commissioner is of Anganwadi Sevika, wherein no serial numbers are also mentioned as against this the record produced by the petitioner is issued by the competent authority who is entitled to maintain the record as per the Births and Deaths Registration Act. The learned counsel submits that for verifying the School record the Commissioner had remanded the matter of one of the member but disqualified the petitioner solely relying on the report of Anganwadi Sevika without verifying any other record. 6. Mr.Ambade, learned counsel for the Respondent No.4 submits that the petitioner could not prove that the 4th son was born prior to cut 4 W.P.No.4984/11 of date. There is no reason for Anganwadi Sevika to maintain wrong record. The said record will also have presumptive value. The Commissioner has taken into consideration all the probabilities while considering the date of birth of the 4th child. If the 4th child was born in 2001 as contended by the petitioner then the petitioner could have produced the School record. In view of all the aforesaid fact, the Commissioner has rightly decided the matter. 7. The petitioner is sought to be disqualified as a member of the Gram Panchayat. In such circumstances, the judgment could not have been given on assumption. The authority is required to come to a conclusive finding. The Collector had rejected the contentions of the present Respondent No.4. The Commissioner has not given reasons for non-acceptance of the record produced by the petitioner and has also not given any reasons regarding the anomaly in the record of Anganwadi Sevika. While considering the case of disqualification of a member of the Gram Panchayat that too on the 5 W.P.No.4984/11 ground of birth of a child after the cut of date then the Commissioner would be required to give finding based on documents and evidence and not merely presuming some facts as the said disqualification would be in perpetuity. 8. In light of the above, the authorities were required to make detail scrutiny of the record and then should have arrived at the conclusive finding. Even in the case of the petitioner the Addl. Commissioner could have directed re-inquiry by the Collector as was directed in the case of other member i.e. Smt.Savitribai. In the said case, the Commissioner has remanded the matter by the same impugned judgment to the Addl. Collector to verify the record of the School of the child of Savitribai. The same exercise could have been followed in the present case and the same would be more appropriate. 9. In the result, the Writ Petition is partly allowed. The impugned orders of the authorities i.e. the Addl. Collector and the 6 W.P.No.4984/11 Addl. Commissioner, Aurangabad are quashed and set aside. The matter is remitted to the Addl. Collector, Aurangabad,who shall re-inquire the matter and decide the same as expeditiously as possible and preferably within a period of six (6) months from today. The Writ Petition is disposed of. 10. Rule is made absolute in above terms. However, there shall be no order as to costs. (S.V.GANGAPURWALA,J.) asp/office/wp498411