Shalini Phansalkar-Joshi, J.

This Letters Patent Appeal is preferred by the original petitioner, being aggrieved by the Judgment and Order dated 31st July, 2012, passed by learned Single Judge of this Court in Writ Petition No. 5606 of 2012. By the impugned Judgment and Order, learned Single Judge has confirmed the Judgment and Order dated 21st June, 2012 passed by the Additional Divisional Commissioner, Konkan Division, Mumbai in Appeal bearing No. Appeal/Desk/VP/28/2012, thereby confirming the Judgment and Order dated 16th January, 2012 passed by the District Collector, Raigad in Dispute Application No. 41 of 2010. By these orders, the election of the appellant as a Member and Sarpanch of Gram Panchayat, Usurli-Khurd is held as invalid on the count that he has incurred disqualification under section 14(1)(j-1) of the Maharashtra Village Panchayats Act (Act No. III of 1959), (for short "the Act), since he is having more than two children.

2. The facts, which are relevant and material, for deciding this Appeal may be stated as follows :- In the General Election to the Gram Panchayat, Usurli-Khurd, held in October, 2010, appellant was elected as one of the Members of the Gra