ORAL JUDGEMENT:

1. The petitioners challenge order rendered by Additional Divisional Commissioner, Aurangabad in proceedings of appeal filed by respondent No. 3 against his disqualification to continue as Sarpanch of village panchayat, Asardoh (District Beed.). The Additional Divisional Commissioner allowed his appeal and held that he was not disqualified. The petitioners are aggrieved due to such decision because since beginning, an objection was raised by the petitioner No. 2 about eligibility of the respondent No. 3 – Bhagwan as a candidate on the ground that his nomination paper was invalid due to the fact that he was having third child after the cutoff date i.e. 13092001.

2. Indisputably, elections of the Village Panchayat, Asardoh were due in the month of September, 2007 and the election programme was declared by the competent authority. On 24th September, 2007, the petitioner No. 2 had filed objection application before the Returning Officer. He alleged that the respondent No. 3 was ineligible to file his nomination form because there were three children born to him and the third child was born after the cutoff date i.e. 13th September, 2001. He asserted that as p