1. The petitioner was declared elected as Member and Sarpanch of Gram Panchayat Wadala on 28-8-2005. An objection was lodged by respondent No.3 Gopichand before the Collector, Chandrapur under Section 16(2) of the said Act that the petitioner has incurred disqualification under Section 14(1)(j-1) of the Bombay Village Panchayats Act, 1958 (for short, “the said Act”), as the fourth child was born to him by name Harshal Dnyaneshwar Shirbhiye on 16-2-2002, i.e. after the cut-off date of 12-9-2001, and hence he be removed as Member and Sarpanch of Gram Panchayat Wadala.

2. The Additional Collector, Chandrapur rejected the said objection by his order dated 28-2-2006 holding that the fourth child Harshal born to the petitioner on 16-2-2002 expired on 21-2-2002 and hence there was no increase in the number of children after 12-9-2001 in terms of the first proviso to Section 14(1)(j-1) of the said Act.

3. In appeal filed under Section 16(2) of the said Act by respondent No.3, the Divisional Commissioner, Nagpur Division, Nagpur reversed the decision of the Additional Collector by his order dated 8-11-2006 holding that there was increase in the number of children after 12-9-2001 a