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

2. This petition impugns the order dated 12-3-2007 passed by the Und Joint Civil Judge, Senior Division, Jargon 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 Corporate 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 Corporations 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 de