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2016 Supreme(Bom) 1740

T.V.NALAWADE
Hanumant Sahebrao Patil – Appellant
Versus
Additional Commissioner, Nashik, Division Nashik – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: More Abhijit S.
For the Respondent: S.K. Tambe, V.S. Undre

JUDGMENT :

1. Rule. Rule made returnable forthwith. By consent, heard both the sides for final disposal.

2. The proceeding is filed to challenge the decision given by the learned Additional Commissioner, Nashik in Gram Panchayat Appeal No. 80/2016. The appeal was filed by present respondent - Smt. Alka Pandharinath Kolhe to challenge the decision given by the learned Collector in Dispute Application No. 6/2016. The Collector had disqualified the respondent member of Village Panchayat as third child was born to her after her election to Village Panchayat.

3. Before the Collector, the complainant placed reliance on the record like declaration made by respondent member when the nomination form was filed for election to Village Panchayat. This declaration dated 17.7.2015 shows that she had declared that she had two issues. However, she had disclosed the name of only one issue as Pallavi Pandharinath Kolhe and she had not filled the place which was meant for giving name of second issue. Thus, on 17.7.2015, admittedly she was having two issues. Before Additional Collector three birth certificates were produced by the petitioner's side. The first birth certificate shows that one female child








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