BALASAHEB DATTATRAYA GANGNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the parties.

(2.) WRIT petitioner challenges order dated 19. 4. 2003 passed by Divisional Commissioner, Aurangabad, u/s 40 of the Maharashtra Zilla parishads and Panchayat Samitis Act, 1961 (henceforth referred to as Z. P and PS Act for the sake of brevity ) thereby declaring that since petitioner had begotten fifth issue on 1. 2. 2002 and that being in excess of two issues, petitioner has incurred a disqualification u/s 16 (i) (n) of ZP and PS act and further declaring that petitioner is ineligible for continuing on the post and for contesting election in future.

(3.) FACTUAL matrix, as much is necessary for determination of the writ petition and about which there are no disagreements, is as follows: (1) 13. 9. 2000 Maharashtra Legislature by Act No. XLTV of 2000 amended Section 16 of ZP andps Act adding Clause (e) to subsection