(1) WP.6563.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6563 OF 2010 Pandurang S/o Sakharam Narwade .. Petitioner VERSUS The State Election Commission, Through Returning Officer, Gram Panchayat, Kothari and anr. .. Respondents ... Mr. S.P. Katneshwarkar, Advocate for the Petitioner Mr. S.T. Shelke, Advocate for the respondent no.1 Mr. D.M. Shinde, Advocate for the respondent no.2 ... CORAM : V.R. KINGAONKAR, J. DATED : 28TH JULY, 2010 ORAL ORDER:- 1. Heard learned counsel. By this Petition the petitioner challenges rejection of his nomination form by the respondent no.1. The petitioner filed his nomination form from Ward no.1 of village Panchayat Kothari (Tq. Basmathnagar). The respondent no.2 objected the nomination form on the ground that the petitioner was having fourth male child by name Pramod who was born on 21.3.2003. The respondent no.2 further alleged that entry of the birth was recorded in the Village Panchayat record on 25.3.2003 (2) WP.6563.2010 and since there were more than two children to the petitioner, and the last one was born after the cut off date, the petitioner was ineligible. 2. The question is whether the fourth child was born to the petitioner after the cut off date i.e. 12.9.2001. The petitioner alleges that he got effected entry regarding the birth date of fourth child, namely, Pramod as per the order dated 16.9.2008 passed by the learned Judicial Magistrate (First Class), Basmathnagar in proceedings of Application no.42 of 2008. The respondent no.2 on the other hand relied upon the entry in the birth certificate (P-28). It appears that the petitioner got entered the birth date of the fourth child i.e. Pramod after about seven years of his birth, as per his own contention, and on basis of his own affidavit. The certificate issued by the Grampanchayat, Kothari shows that entry no.4 was recorded on 31.3.2003 in respect of the birth of the said Pramod and the birth date was shown as 25.3.2003. Needless to say there are two sets of (3) WP.6563.2010 documents. The birth date of the fourth child is therefore a disputed question of fact. The election process has reached the fag end as the voting is scheduled on 30.7.2010. 3. Under the circumstances, in view of "Vinod Pandurang Bharsakade Vs. Returning Officer, Akot and anr. 2003(4) Mh.L.J. 359" I deem it proper to decline from causing any interference in the election process. Petition is disposed of. The petitioner is at liberty to agitate all the questions in appropriate proceedings. Sd/- [V.R. KINGAONKAR, J.] arp