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2025:BHC-AUG:37141

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 4606 OF 2023

Anita Nagnath Waghmare

Age: 44 years, Occ: Agriculture and Sarpanch

Of village panchayat, Kunki,

R/o: Kunki, Tq: Jalkot, Dist: Latur. ..Petitioner

VERSUS

1) The Additional Divisional Commissioner,

Aurangabad Division, Aurangabad.

2) The Collector, Latur,

Dist. Latur.

3) Village Development Officer,

Age: Major, Occ: Service,

Gram Panchayat Office,

Kunki, Tq. Jalkot, Dist. Latur.

4) Shivaji Ramrao Jadhav,

Age- 70 years, Occ- Agriculture

Kunki, Tq: Jalkot, Dist: Latur.

5) Block Development Officer,

Panchayat Samiti, Jalkot,

Dist. Latur. ..Respondents

...

Advocate for the Petitioner : Mr. Deshmukh Umakant B. & Mr. Patil

Vikram Tanajirao

AGP for Respondent/State : Mr. V.S. Badakh

Advocate for Respondent No.3 : Mr. A.I. Deshmukh

...

CORAM : SIDDHESHWAR S. THOMBRE, J.

DATED : DECEMBER 18, 2025

ORAL JUDGMENT :

1. Rule. Rule made returnable forthwith and heard finally

with the consent of parties.

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2. Heard learned counsel for respective parties.

3. By way of present petition, the petitioner assails the order

dated 31.01.2023 passed by the learned Collector, Latur in File

No.2022/GPN/CR-53 and order dated 10.04.2023 passed by the

learned Additional Divisional Commissioner, Aurangabad in File No.

GP/Appeal/Cell/CR-11/2023.

4. Mr. Umakant Deshmukh, learned counsel for the

petitioner submits that the petitioner got elected in the year 2021 as a

member of Gram Panchayat. After she got elected, respondent no.4

filed a complaint before the Collector by pointing out that on account

of having third child after cut-off date i.e. 12.09.2001, the petitioner

incurred disqualification under Section 14 (j-1) of the Maharashtra

Village Panchayat Act. Mr. Deshmukh further submits that before the

Collector, admittedly, two records were submitted, one is maintained

by Gram Panchayat and other is maintained by the school. As per

Gram Panchayat record is concerned, the date of birth of second child

Adinath is recorded as 21.10.2000 and third child Komal is recorded

as 12.08.2001 and as the Gram Panchayat record is having

presumptive value and therefore, the Collector ought not to have

relied upon the school record. As far as school record is concerned,

he submits that as per primary school record, the date of birth of

second child Adinath is recorded as 14.04.2002 and third child Komal

is recorded as 15.03.2003. He further points out that in secondary

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school record also, there is variance as far as third child is concerned

whose date of birth is recorded as 01.06.2004. Therefore, he submits

that pursuant to the complaint, the Collector directed the block

development officer to conduct an inquiry and after verifying the

record, the block development officer submits that in the Gram

Panchayat record, the entry about date of birth is correctly mentioned

but during the inquiry, the then gram sevaks who were holding the

post at the relevant time i.e. in 2001, they denied the signature on the

record and entry made in the record.

5. Therefore, he submits that when such statements were

made, the authority ought to have referred the same to the

handwriting expert. Even the petitioner filed an application before the

Collector with a prayer that those documents are required to be

referred for handwriting expert. He further submits that the

disqualification under Section 14 (j-1) is for life and therefore, the

moment disqualification order is confirmed, the petitioner is being

disqualified for the entire life and she will not be entitled to contest

the election further. Therefore, he submits that the impugned orders

be set aside and matter be remanded back by directing the Collector

to refer the documents to the handwriting expert.

6. Per contra, learned AGP and learned counsel for

respondent no.3 supports the order passed by both the authorities.

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7. Having gone through the record which was placed along

w