( 1 ) BY these petitions filed under Articles 226 and 227 of the Constitution of India challenge is to order of disqualification passed against the respective petitioners. Petitioner - Shrikrishna in Writ Petition no. 5034/2009 has been held disqualified by respondent no. 5 Additional Commissioner therein, in Appeal proceeding under Section 58[1-E] read with Section 16[1] of the maharashtra Zilla Parishad and Panchayat samitis Act, 1961. The disqualification is on account of having more than two children after the stipulated date. The Appellate Authority has found that the 4th child of petitioner is born on 23. 11. 2002 i. e. after the cut off date 12. 09. 2001 and hence petitioner has incurred disqualification under section 16[l][n] of the 1961 Act. These finding of facts are not in dispute before me.

( 2 ) PETITIONER - Vandana in Writ petition No. 5658/2009 is found disqualified to continue as Sarpanch and Member of Gram panchayat [respondent no. 3] under the provisions of Section 14[j-3] of the Bombay village Panchayat Act, 1958 as she has encroached on 1300 sq. meters of government land. This order of disqualification passed by respondent no. 2 Additional Collector has