1. The petitioner and respondent nos. 3 to 5 filled in nominations for the election of Councillor of Gevrai Municipal Council from Ward No. 2B.

2. The objection was taken to the nomination of respondent no. 3 on the count that she is having five (5) children and one child born after the cut off date, as such is disqualified. The Returning Officer rejected the nomination of respondent no. 3. Respondent no. 3 filed Appeal before the District Court. The District Judge allowed the Appeal of respondent no. 3 and directed the Returning Officer to accept the nomination paper of respondent no. 3. Aggrieved thereby, the present Writ Petition is filed.

3. Mr. N.L.Jadhav, the learned counsel for the petitioner submits that respondent no. 3 is wife of Shantilal Pisal. Shantilal Pisal has four (4) issues from his first wife. After the death of the first wife, Shantilal married with present respondent no. 3 and respondent no. 3 gave birth to a child on 03/08/2004. As such, it will have to be said that the Respondent no. 3 had five (5) children. The learned counsel submits that Section 16 (1) (K) of the Maharashtra Municipal Council and Nagar Panchayat Act [For short, ‘said Act’] will h