1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. This case underlines the importance of family planning in a country which has already suffered population explosion.

3. The petitioner elected as a Councillor from the Anala (30) Constituency Zilla Parishad, Osmanabad, is aggrieved by the order of the Additional Commissioner dated 21/12/2017 by which he has been held to have incurred the disqualification to continue as a Councillor u/s 16(1)(n) r/w Section 16(2)(e) and Section 40 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (For short, 1961 Act), for having fathered three children.

4. I have considered the strenuous submissions of Mr. Dixit, the learned Sr. Advocate appearing on behalf of the petitioner, the learned AGP on behalf of respondent Nos. 1 and 2, Mrs. Renge, learned Advocate for respondent No.3 / Zilla Parishad and Mr. Dhorde, the learned Sr.Advocate appearing on behalf of respondent No.4 who has moved the original application u/s 40 before respondent No.2, seeking the disqualification of the petitioner.

5. The extensive contentions of Mr. Dixit can be summarized as under :

[a] There wasn't no enough spa