The Bombay High Court said regarding the Maharashtra Village Panchayat Act, that if a child born after the cut-off date has left this world before the date of filing nomination, then the qualification of the candidate will not be affected. Such a candidate can contest the election. No one can question her candidature.

Justice R Pednekar set aside the administration's decision to disqualify a woman on the ground that she had more than two children. The administration said that the woman's third child was born after the cut-off date. The Bombay High Court in its decision said that if the child is born but passes away before the date of nomination, then there is no question of candidature. The High Court said that the administration has taken a wrong decision by canceling the candidature of the woman. They cannot accept their decision as correct in any way.

Keep in mind that section 14(1)(j-i) says that if a person has more than two children, then he cannot contest the election. In the present case, the petitioner woman was elected unopposed from Neemgaon Khalu in the January 2021 elections. But a person from the village itself complained about him to the collectorate office of Ahmednagar. After that the administration canceled the election of the woman. It was stated in the complaint that the cut off date was 9 September 2001. The third child that the woman had was born after this date. So he is not eligible to be a Panchayat member.

The counsel appearing for the woman said that her third child was born on February 12, 2002. But he was not mature and died on 2 April 2002. The counsel for the other side objected to the date of birth and death of the child. But the High Court said in its decision that questions are being raised regarding the death of the child.

When the High Court summoned the doctor of its dispensary, he said that the child could be born prematurely. Such a child is very weak. So his chances of survival are very less. In this case, the position of the woman panchayat member cannot be dismissed. The High Court nullified the administration's decision and sent the matter back to him. The Court said that the application for registration of the birth of the child is still pending. The administration should immediately take a decision on it, as it will have a direct impact on the case. The court told both the parties that they can collect more evidence in this matter, so that the truth can be known.