1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.248 OF 2010 Vijay S/o Chattarsingh Suryawanshi, Age 36 years, Occup. Agril., R/o Gaur Pimpri,Tq.Kannad, District Aurangabad. ...APPELLANT. VERSUS 1) The State of Maharashtra, Through Secretary, Rural Development Department, Mumbai-32 and others ...RESPONDENTS. ... Shri.V.P.Latange,Advocate holding for Shri.B.S.Shinde, Advocate for Appellant. Shri.S.V.Kurundkar, Addl.G.P. for Respondent Nos. 1 to 5. Shri A.T.Shaikh,Advocate for Respondent Nos.6 to 10 ... CORAM: NARESH H. PATIL AND K.K. TATED, JJ. DATE : 28TH SEPTEMBER,2010. PER COURT : 1. Heard learned counsel for the parties. 2. Perused the order impugned in this Letters 2 Patent Appeal. Mr. Latange, learned Counsel appearing for the appellant submits that the record maintained by the Gram Panchayat is to be relied upon, as it has more authenticity than the record maintained by the Municipal Council, Buldhana. The Municipal Council did not maintain the record in accordance with the provisions of the Registration of Births and Deaths Act, 1969 and the Rules framed thereunder by the State Government. 3. Consequent to our order dated 21st September, 2010, Mr.Kurundkar, Additional Government Pleader has produced the Register maintained by the Municipal Council, Buldhana. At serial No.71 there is entry in respect of birth given by the wife of petitioner to the child on 07.11.2001. The Gram Panchyat record shows that third child of petitioner was born on 16.11.2000. 4. We have perused the original Birth and Death Register maintained by Gram Panchyat, more 3 particularly entries at serial No.30 to 34, and the manner in which the entries were maintained, by the Gram Panchayat. 5. No doubt, the facts disclose that the parties were relying upon several entries maintained by the Public Authorities in respect of the birth of child. The learned Commissioner in his order rightly expressed serious concern in respect of issuance of contrary record in respect of birth Certificates and observed that disciplinary inquiry is required to be undertaken. 6. Prima facie we are not persuaded to disbelieve the entries maintained by the Municipal Council, Buldhana, wherein at serial No.71 birth of child of the petitioner is mentioned to have taken place on 07.11.2001 in "Bharad Hospital", Buldhana. We find the entries at Serial Nos.31 and 32 appearing in Gram Panchayat record, do not inspire confidence. The learned Single Judge had also considered the issues and had referred to 4 these entries. 7. We are not inclined to entertain this Letters Patent Appeal. The Letters Patent Appeal stands dismissed. 8. We direct the Commissioner to issue directions to the Collector, Aurangabad to issue appropriate instructions to the responsible authorities maintaining and supervising the Birth and Death Register, strictly in accordance with the provisions of the Registration of Births and Death s Act,1969 and the Maharashtra Registration of Births and Deaths Rules, 2000. The instructions also be issued to the effect that, if any, violation of instructions issued by the Collector is noticed, strict action be taken against the Officer in-charge of maintaining such record. This assumes significance today in the light of the fact that the elected person would face disqualification apart from other consequences thereof. 5 9. The record produced by Mr. Kurundkar, learned Additional Govt. Pleader is returned. The learned Addl. Govt. Pleader to forward the copy of this Order to the Authorities concerned forthwith. Sd/- Sd/- [K.K. TATED, J.] [NARESH H. PATIL, J.] MTK