BALIRAM VITTHAL DEOKATE Vs. NABHILADAS NARAYAN BHAGAT

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The principal question that arises in the present proceeding is: whether the appellant stood disqualified to contest the election of Panchayat Samiti due to the third child born on 20th August, 2002, after the cut off date i.e. 12th September, 2001, having regard to the mandate of Section 16(1)(n) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.

(3.) It is not in dispute that the disqualification on account of number of children became applicable in respect of child born after 12th September, 2001. Section 16 of the Act deals with the matters on account of which the incumbent incurs disqualification. In so far as the case in hand is concerned, the relevant provision is Section 16(1)(n) of the Act.