HANUMANT SAHEBRAO PATIL Vs. ADDITIONAL COMMISSIONER, NASHIK

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

(2.) The proceeding is filed to challenge the decision given by the learned Additional Commissioner, Nashik in Gram Panchayat Appeal No. 80/2016. The appeal was filed by present respondent - Smt. Alka Pandharinath Kolhe to challenge the decision given by the learned Collector in Dispute Application No. 6/2016. The Collector had disqualified the respondent member of Village Panchayat as third child was born to her after her election to Village Panchayat.

(3.) Before the Collector, the complainant placed reliance on the record like declaration made by respondent member when the nomination form was filed for election to Village Panchayat. This declaration dated 17.7.2015 shows that she had declared that she had two issues. However, she had disclosed the name of only one issue as Pallavi Pandharinath Kolhe and she had not filled the place which was meant for giving name of second issue. Thus, on 17.7.2015, admittedly she was having two issues. Before Additional Collector three birth certificates were produced by the petitioner's side. The first birth certificate shows that one female child was born to Alka Pandharinath Kolhe and Pandharinath Waman Kolhe. This record is not disputed by respondent member. The second birth certificate issued by Nagar Panchayat Karyalaya Shirur, District Beed shows that one daughter by name Sonali was born to couple Sou. Swati Pandhari Kolhe and Pandhari Waman Kolhe, resident of Kolhewadi. This certificate is disputed by the respondent member. Even if this certificate is ignored from consideration, that will not make any difference as in declaration dated 17.7.2015 respondent member had declared that on that day she was having two issues. The third birth certificate shows that one male child was born on 7.10.2015 to Alka Pandharinath Kolhe and Pandharinath Waman Kolhe. This entry was made on the basis of information given by the hospital of Dr. Chandrakant More from Jamkhed. This certificate is also disputed by the present respondent member.