This order null discharged the rule and dismissed the writ petition challenging the disqualification of the respondent from a panchayat membership due to having more than two children, noting children were born prior to the amendment's commencement.
Rule discharged. Petition disposed off.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3110 OF 2004
Gurayya Shankarayya Swami ..Petitioner.
Versus
Shrimant Bhimraya Mhetre & Ors. ..Respondents.
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Mr. Vineet B. Naik for the Petitioner.
Mr.A.H. Palekar, AGP for the Respondent No.4.
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CORAM : S. A. BOBDE, J.
DATED : 10TH OCTOBER, 2005.
P.C.:
1. Rule returnable forthwith. Mr. Palekar, AGP
waives service of rule for respondent No.4. Heard by
consent.
2. The petitioner has questioned the validity of
the order refusing to dis-qualify the respondent No.1
under section 14(j-1) of the Bombay Village Panchayats
and the Maharashtra Zilla Parishads and Panchayat
Samitis (Amendemnt) Act, 1995; hereinafter referred
to as ‘the Act’, which reads as follows:-
"14. Disqualifications.- [(1)] No person
shall be a member of a panchayat continue as
such, who --
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(a) .......
[(j-1) has more than two children:"
3. Admittedly it is accepted on behalf of the
petitioner that all the children of respondent No.2
are said to have born prior to the date of the
commencement of the Amendment Act i.e. on 13.09.2000.
As a result thereof, there is no infirmity in the
impugned order.
4. Rule is discharged. The petition is disposed
off.
DT. 10.10.05 (S.A.BOBDE,J)
1 issue framed by the court
Whether the petitioner was correctly disqualified under section 14(j-1) of the Act for having more than two children given they were born before the Amendment Act commenced.
1 provisions across 1 enactments
Gurayya Shankarayya Swami
Shrimant Bhimraya Mhetre
S. A. BOBDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court