This writ petition was heard on 3rd September 2012 and was placed today for judgment/order. Since the point involved in the writ petition is short, with consent of the parties, it is disposed of finally. Hence, Rule. The learned A.G.P waives service for respondent Nos.1 to 3. Respondent Nos.4 and 5 are duly served and respondent No.5 is represented by Mr. Sandeep Koregave. Respondent No.4 is a formal party and service on the same can be dispensed with.

2} The petitioner has been disqualified on an application made by respondent No.5. The proceeding is under the Bombay Village Panchayats Act, 1958. The Gram Panchayat of Tardal, Taluka Hatkanangale , District Kolhapur is the Gram Panchayat in question. The petitioner was elected as a Member of this Gram Panchayat in the elections held in 2007. An application for disqualification of the petitioner was made by respondent No.5 alleging that the petitioner is disabled from continuing as a Member as he was disqualified in terms of section 14(1)(j1) of the Bombay Village Panchayats Act, 1958 (for short “the Act”).

3} It was alleged that the petitioner has more than two children. He had married one Vijayalaxmi and from this wedlock