MANGESHA ASHOK CHAVAN Vs. SAYAJIRAO DAMODHAR KHAMKAR

JUDGEMENT

(1.) Rule. By consent heard forthwith.

(2.) The Petitioner was elected as a Member of the Gram Panchayat Awarde from Ward No.2. The Petitioner subsequently came to be elected as Deputy Sarpanch. A complaint was filed against the present Petitioner by Respondent Nos.l and 2 that on 12.9.2001 the Petitioner No. 1 had given birth to a third child. A show cause notice came to be issued by the Collector calling upon the present Petitioner to appear before the Collector. The Petitioner showed cause denying the allegation. The collector thereafter heard the matter and was pleased to pass the order of 17.9.2008 holding that the present petitioner had acquired disqualification as the Petitioner has given birth to a third child after the cut off date. The relevant provision is section 14(1) Clause (J)(i) of the Bombay Village Panchayat Act, 1958 (hereinafter shall be referred to as "Panchayat Act"). The same reads as under :

(3.) By the present petition, the petitioner sets out that the Petitioner being a female does not have any choice of her own in her married life. The provisions of the Panchayat Act, therefore to the extent that it provides for disqualification for having a third child needs to be challenged. The substantial grounds which are relevant may be reproduced: