Rule. Rule made returnable forthwith. With the consent of parties heard finally.

2. This writ petition takes exception to the judgment and order in Grampanchayat Appeal No. 27 of 2011 passed by the Additional Commissioner, Nashik Division, Nashik dated 25th May 2011, thereby confirming the judgment and order dated 24th January 2011, passed by the Additional Collector, Ahmednagar in Grampanchayat Dispute No.48 of 2010.

3. It is the case of the petitioner that, the election of village Grampanchayat Pimpalgaon Khand, for the period 2010 to 2015 was held on 22nd August, 2010. The petitioner herein is declared elected member of the said Grampanchayat by defeating the respondent No.1 and other candidates who contested the said election from his ward. Thereafter, after few days the petitioner is elected as Sarpanch of the said Grampanchayat.

The respondent No.1 herein, filed Dispute on 14th September, 2010, before the respondent No. 3 for setting aside the election of the petitioner as per the provisions of Section 14(1)(j)(1) of the Bombay Village Panchayat Act, 1958 (For short,"said Act"), on the ground that, the petitioner is having three children, and third child by name Sarthak is born on 7th November, 2007 after cut off date prescribed by the notification in official gazette under said Act.

The petitioner herein, after receipt of the notice of the Dispute filed by the respondent No.1 before the Additional Collector, Ahmednagar, filed his reply. It is the case of the petitioner that, after receipt of the notice of the aforesaid Dispute, the petitioner came to know that, one lady by name Kusum gave birth to one child by name Sarthak on 7th November, 2007, and the name of the petitioner is shown as father of the said child. Therefore, the petitioner filed Regular Civil Suit No. 136 of 2010 for declaration that, the said Kusum is not his wife and child Sarthak is not born from the petitioner to the said Kusum. At the time of filing the writ petition, the said suit was pending for final decision, and during pendency of the writ petition the said suit is finally decided.

4. The petitioner in his reply contended that, the name of his wife is Sunita and not Kusum. He has two daughters from wife Sunita. In the ration card also the name of Sunita and two daughters is mentioned. It is further contended that, in the said certificate on which reliance has been placed by the respondent No.1, there is no mention of name of an informer, neither it is signed by him. Therefore, said certificate cannot be relied, as it cannot be said to be the certificate issued by following provisions of Sections 19, 20, 22(2) of the Births, Deaths and Marriages Registration Act, 1886, and it has no presumptive value as per Section 114 of the Evidence Act. The petitioner has also contended that, the respondent No. 3 has no jurisdiction to set aside the petitioner's election, as per provisions of Sections 14 and 16 of the said Act, and only the Civil Court has jurisdiction under Section 15 of the said Act to set aside the election.

On 24th January, 2011 the respondent No. 3 allowed the Dispute No. 48 of 2010 and set aside the election of the petitioner as Grampanchayat Member/Sarpanch though he has no jurisdiction do so.

Being aggrieved by the judgment and order dated 24th January, 2011 passed by the respondent No. 3 in Dispute No.48 of 2010, the petitioner preferred Appeal No. 27 of2011 before the respondent No.4 on 25th February, 2011 and prayed for setting aside the judgment and order passed by the respondent No.3.

By the judgment and order dated 25th May, 2011, the respondent No. 4 herein, dismissed the appeal filed by the petitioner. Hence this writ petition.

5. This writ petition was initially heard for admission on 27th June, 2011 by this Court, and upon hearing, this Court was pleased to issue notice to the respondents. It was further ordered that, the petitioner may attend the proceedings of the Grampanchayat but shall not be entitled to vot