Supreme Court - Daily Orders
Zunjar Bhaskar Bhange vs Ganpatrao D Sathi on 1 March, 2016
Bench: Kurian Joseph, Rohinton Fali Nariman
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION (C) NO. 313 OF 2014
ZUNJAR BHASKAR BHANGE Petitioner(s)
VERSUS
GANPATRAO D SATHE AND ORS Respondent(s)
O R D E R
1. The petitioner contested the election to the Zilla Parishad, Solapur from Gat No. 13, Madha and won the election.
2. The respondents challenged the election on the ground that the petitioner was not qualified to contest the election since he had the 4th child, named as Samarth, who was born on 28.01.2002. The cut off dated prescribed under the Zilla Parishad and Panchayat Samiti Act, 1961 was 12.09.2001. This cut off date of 12.09.2001 had already been notified on 13.09.2000.
3. Be that as it may, after the cut off date, in case any citizen has a 3rd child, that citizen is disqualified from contesting the election to Zilla Signature Not Verified Parishad and Panchayat Samities. Based on the record Digitally signed by Rajni Mukhi Date: 2016.03.05 12:14:24 IST Reason: of the hospital, where Samarth was born, the District Court, Solapur, in Election Petition No. 11 of 2012 found that the child was born on 28.01.2002. The 2 extract of the Admission Register of Samarth from the school, the Certificate of Registrar, Births and Deaths, the Passport etc. did not persuade the District Court to hold otherwise. Hence, the whole election was set aside.
4. Aggrieved, the petitioner approached the High Court in Writ Petition No. 10887 of 2013 and by the impugned Judgment dated 02.12.2013, the High Court declined to interfere with the Judgment of the District Court, Solapur. Hence, the present Special Leave Petition.
5. Heard Sh. V. Giri, learned senior counsel appearing for the petitioner and Mr. Vinay Navare, learned counsel appearing for the respondents at length.
6. Despite the elaborate and persuasive arguments advanced by Sh. Giri, we are not able to be persuaded to exercise our jurisdiction under Article 136 of the Constitution of India so as to interfere with the concurrent findings of the District Court and the High Court.
3
7. Sh. Giri, learned senior counsel appearing for the petitioner, submits that the petitioner's 4th child, Samarth, has instituted a suit being Regular Civil Suit No. 17 of 2015 before the Civil Judge, Senior Division, Parshi, seeking a declaration of his date of birth as 27.08.2001. We make it clear that neither the Judgment of the District Court nor that of the High Court or of this Court shall have any bearing on the trial of the said suit and the said civil suit shall be tried and decided on its own merits.
8. Needless also to say, subject to the finality attained to decision in the said civil suit, the same will govern the date of birth of Samarth for all purposes.
9. In view of the above, this Special Leave Petition is disposed of.
.......................J. [ KURIAN JOSEPH ] .......................J. [ ROHINTON FALI NARIMAN ] New Delhi;
March 01, 2016.
4
ITEM NO.1 COURT NO.11 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 313/2014
(Arising out of impugned final judgment and order dated 02/12/2013 in WP No. 10887/2013 passed by the High Court Of Bombay) ZUNJAR BHASKAR BHANGE Petitioner(s) VERSUS GANPATRAO D SATHE AND ORS Respondent(s) (with interim relief and office report) Date : 01/03/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN For Petitioner(s) Mr. V. Giri, Sr. Adv.
Mr. Manish Pitale, Adv.
Ms. Deeplaxmi S. Matwankar, Adv. Mr. Akash Kaushik, Adv.
Mr. Chander Shekhar Ashri, Adv.
For Respondent(s) Mr. Vinay Navare, Adv.
Ms. Gwen K. B., Adv.
Ms. Abha R. Sharma, Adv.
UPON hearing counsel the Court made the following O R D E R The Special Leave Petition is disposed of in terms of the signed order.
Pending interlocutory applications, if any, are disposed of.
(Jayant Kumar Arora) (Renu Diwan)
Sr. P.A. Court Master
(Signed order is placed on the file)