NARESH BALIRAM SONWANE Vs. KISHOR KASHINATH PATIL

JUDGEMENT

(1.) Rule, made returnable forthwith and with the consent of parties, heard.

(2.) This petition impugns the order dated 12-3-2007 passed by the IInd Joint civil Judge, Senior Division, Jalgaon in Reference No. 1 of 2007. By the said order, the Reference No. 1 of 2007 made by the respondent No. 8, commissioner, Municipal Corporation, Jalgaon has been allowed and consequently, a declaration has been issued that the respondent No. 1 herein stands disqualified as a Municipal Corporator of the Jalgaon Municipal corporation on account of he having a third child after the cut of date.

(3.) The factual matrix involved in the petition is stated thus -The election of the petitioner was held sometime in September, 2003 and the results were declared on 14-9-2003. The petitioner herein and the respondent nos. 1 to 4 have been declared as elected Corporators of the said Municipal corporation. The respondents Nos. 1 to 4 herein on 10-10-2005 filed an application under sections 10, 11 and 12 of the Bombay Provincial Municipal corporation Act, hereinafter referred to as 'the said Act'. In the said application, the respondents Nos. 1 to 4 herein stated that the petitioner's wife namely; Anita has delivered third child on 8-12-2003 and in terms of the amendment effected to section 10 of the said Act, the present petitioner has incurred a disqualification and, therefore, cannot continue as a Corporator. The respondent Nos. 1 to 4 had annexed documents in support of the said application. On receipt of the said application, the Commissioner of the Municipal Corporation issued a notice to the petitioner calling upon him to show cause. The Commissioner called upon the petitioner to explain as to whether Nana Baliram Sonwane and Naresh Baliram sonwane is one and the same person. The Commissioner upon receipt of the reply of the petitioner referred the matter to the Court of Civil Judge, Senior division for adjudication of the said issued by his order dated 15-10-2005. This was in terms of the mandate of the said Act.