JUDGMENT :

1. By the present writ petition, the petitioner is challenging the rejection of the nomination of the petitioner for the election of the village panchayat of village Nafarwadi, Taluka - Patoda, District – Beed. The petitioner submitted her nomination form from Ward No.2 of village Nafarwadi from BCC(W) category. The nomination is rejected by the Returning Officer on the ground that the petitioner has 3 children and she is not entitled to contest the election by virtue of bar under Section 14(j-1) of the Maharashtra Village Panchayats Act, 1959 (for short ‘1959 Act’).

2. The election program filed alongwith the petition, indicate that the respondent no.1 declared the Election Program for the Election of village panchayat Nafarwadi, Taluka – Patoda, District – Beed on 09.11.2022. As per said election program the date of notification for the election was 18.11.2022. The date for submission for nomination was 28.11.2022 to 02.12.2022, the date for scrutiny of nomination was 05.12.2022, the date for withdrawal of nomination is 07.12.2022 and the date of election is 18.12.2022.

3. The petitioner has pointed out that the petitioner had 3 children and one of them had expired and t