wp3336.11.odt 1/3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETN. NO.3336/2011 Chandramuni Namdevrao Gedam -vs- Additional Commissioner, Amravati and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri Gawande, learned counsel for the petitioner. Shri A.D.Sonak, learned AGP for the respondent Nos.1 & 2. None for the respondent Nos.3 and 4. CORAM : R. M. SAVANT, J. DATED : 01/08/2011. The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 13/06/2011 passed by the Additional Commissioner, Amravati Division, Amravati, by which order the Appeal filed by the petitioner disqualifying him on the ground that he has more than three children after the cut-off date came to be dismissed. The petitioner herein was elected as a member of the Gram Panchayat Watfali, Taluka Ner Parsopant. It was the case of the petitioner that he married, one Jaya alias Mangala after the death of his first wife and that the said Jaya had a son from her original marriage, which the petitioner accepted at the time of marriage. It is the case of the petitioner that he has only two children, who are born on 28/05/2005 and 30/10/2008 and, therefore, the disqualification could not apply to him. The said application was considered by the Additional Collector and wp3336.11.odt 2/3 on the basis of the material that was before him, which was in the form of the School Record, the Additional Collector allowed the application under Section 14 (j-1) of the Bombay Village Panchayats Act, 1958 by his order dated 24/11/2010. Aggrieved by the said order dated 24/11/2010 passed by the Additional Collector, the petitioner filed an Appeal before the Additional Commissioner, which Appeal as indicated above came to be dismissed by the Appellate Authority by considering the fact that the three children were born on the following dates - Sr.No. Name of the Child Date of Birth 1) Suraj Chandramani Gedam 09/02/2003 2) Son 28/05/2005 3) Son 30/10/2008 It is sought to be contended by the petitioner relying upon the Birth Certificate, which is annexed to the petition as Annexure-F, the said Birth Certificate issued on 12/08/2010 discloses that child was born to Mangala and Kishor Khandare on 09/02/2003, which is Suraj. It is significant to note that though the date of birth is 09/02/2003 the Birth Certificate has been obtained only on 12/08/2010 and the name of the father has been shown as Kishor Khandare. The learned counsel for the petitioner fairly concedes that the said Birth Certificate was obtained after the present proceedings were filed against him. wp3336.11.odt 3/3 It is therefore not a case that a document issued immediately after the birth of the said child on 09/02/2003 was produced by the petitioner in support of the fact that the said child Suraj was born to Mangala and Kishor Khandare, the fact that the said Birth Certificate has been applied for and obtained on 12/08/2010 after the instant proceedings commenced by itself belies the case of the petitioner that the said child Suraj was the child of Mangala and Kishor Khandare. The Authority, therefore, was right in relying upon the School Record so as to conclude that the petitioner has more than three children after the cut-off date. In that view of the matter, no case for interference is made out. The Writ Petition is accordingly dismissed. JUDGE KHUNTE