1. Heard the learned Advocates for the respective sides.

2. By an order dated 15/11/2011, this petition was admitted and was thereafter posted for final hearing.

3. The petitioner has been elected as a Member of the Gram Panchayat, Maradga, Tal.Hadgaon, Dist. Nanded in the election that was held on 24/10/2010. He is an agriculturist by occupation. He is the Chairman of the Mahatma Gandhi Tantamukti Committee of village Maradga.

4. Respondent No.1 Santosh Kale made an application before the Additional Collector, challenging the election of the petitioner as a Member of the Gram Panchayat, Maradga on 30/10/2010. The Additional Collector, Nanded made an enquiry and arrived at a conclusion that the petitioner could not be continued as the Member of the Gram Panchayat, Maradga since he has 4 biological children. In view of the said fact, the Additional Collector passed his impugned order dated 27/06/2011.

5. The petitioner’s first biological daughter namely Yogita is born on 21/06/1995. The second biological daughter namely Yogashree is born on 01/06/1998. The third biological son namely Shashikant was born on 07/10/2000 and the fourth child was said to have been born on 30/07/2002.

6. The petitioner contends that the date of birth of his 4th child Shrikant is in fact 30/08/2001 and has wrongly been entered in the school record as 30/07/2002. The petitioner, therefore, made an application to the Education Officer (Primary), Zilla Parishad, Nanded for seeking a correction in the said birth date. The enquiry conducted by the Education Officer brought him to a conclusion that the 4th child Shrikant was born on 30/08/2001. It is further contended that the Executive Magistrate and Tahsildar, Hadgaon has also issued orders on 21/09/2010 stating that the birth date of the 4th child Shrikant was 30/08/2001. Certificate to that effect was issued by the Taluka Executive Magistrate on 21/09/2010.

7. The petitioner, therefore, contends that when the 4th child was born before 12/09/2001, he could not have been held to be disqualified in light of 2nd proviso to Section 14(1)(j1) of The Bombay Village Panchayats Act, 1958.

8. The petitioner states that he received a notice dated 04/11/2010 from the Office of the Additional Collector, Nanded, directing him to remain present on 01/12/2010 at 2.00 p.m. in his office for a hearing on the said issue concerning the birth of the 4th child.

9. The petitioner submitted a detailed representation through his Advocate and denied all contentions and allegations adverse to him. The necessary documents were also produced. The Additional Collector, Nanded delivered his judgment and order on 27/06/2011, which is at page No.43 of the petition paper book. The said judgment is impugned in this petition and was subjected to an appeal before the Additional Divisional Commissioner, Aurangabad. By judgment and order dated 27/08/2011, the appeal of the petitioner was rejected by the Additional Divisional Commissioner, Aurangabad, which is at page No.64 of the petition paper book. The said judgment has also been impugned in this petition.

10. Learned Advocate Mr.S.S.Chaudhary for the petitioner has strenuously and vehemently contended that page No. 29 is the birth certificate issued on 15/06/2010, clearly indicating that the 4th child was born on 30/08/2001. He has also drawn my attention to Page No.30, which is an order passed by the Tahsildar dated 21/09/2010, in which it is mentioned that since birth of the 4th child Shrikant was not recorded in the Birth / Death Register at Maradga and since an application was made beyond one year of the birth of the child, he has exercised his powers to pass the said order concluding that Shrikant was born on 30/08/2001 at Maradga, Tal. Hadgaon.

11. Page No.31 is the birth certificate issued by the Gramsevak, Gram Panchayat, Maradga holding that the 4th child Shrikant was born on 30/08/2001. The said certificate was issued on 29/11/2010. Mr.Chaudhary, therefore, strenuousl