NAVI MUMBAI: In an important legal development centred on the enforcement of Maharashtra’s two-child norm for elected representatives, the civil court (senior division) in Belapur has temporarily restrained BJP-backed independent corporator Bharat Krishna Bhoir from performing his official duties after finding a prima facie case in an election petition challenging his eligibility.
The ex-parte ad-interim order was passed on March 25 by Civil Judge (Senior Division) KN Phatangare during the hearing of an election petition filed by Savita Lagade, Shiv Sena corporator from Ward 20A (Turbhe).
The petition seeks Bhoir’s disqualification under Sections 10(1)(i) and 11 of the Maharashtra Municipal Corporations Act, 1949, which bars individuals with more than two children born after September 12, 2001, from holding elected office.
The petition alleges that Bhoir, a resident of Dahisar village in the newly assimilated 14-village area of Navi Mumbai, incurred statutory disqualification after the birth of his third child on February 17, 2002, beyond the cut-off date. To support this claim, the petitioner has relied on hospital records, statutory birth registers and municipal records, indicating the later date of birth.
According to the petitioner, Bhoir has relied on an alternative birth certificate showing the date of birth as May 10, 2001, which would bring him within the permissible threshold. The petition contends that this document is fabricated.
In its assessment at the interim stage, the court recorded that the certificate relied upon by the respondent lacked supporting contemporaneous material and appeared “prima facie to be fabricated and misleading.” It further observed that the petitioner’s contentions “are to be at this juncture considered in affirmative,” warranting immediate intervention.
The court has restrained Bhoir from acting, functioning or taking any policy or administrative decisions as corporator of Ward No. 14D until he appears before the court and files his reply. It also directed the authorities to seal and preserve original birth records and produce the birth register, computer records and hospital documents before the court. A show-cause notice has been issued to the respondents, with the matter returnable on April 8.
Bhoir has termed the petitioner’s allegations politically motivated and said he was “not foolish enough to violate the law”. Citing his local administrative experience, Bhoir added that he had served as sarpanch since 2009, and that after 2014, his wife had held the same position. He further alleged that the documents relied upon by the petitioner were false and said he possesses the original birth certificate, which he would present before the court to establish compliance.
Elected from Ward 14D, Bhoir won as an independent corporator before extending support to the BJP. He has been active in key civic debates, including proposing the relocation of a ₹800-crore hospital project from Belapur to Nevle, a move that has drawn him into the political rivalry between minister Ganesh Naik and MLA Manda Mhatre. The case comes amid friction between Shiv Sena and BJP leaders in Navi Mumbai, despite their alliance in the state.