Bombay High Court
PINTYA SAMSINGH VASAVEversusTHE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS
- Disposal
- DISPOSED OFF
Holding
The court held that the verified birth certificate and the Tahsildar’s affidavit established the existence of the child, providing no basis to interfere with the authority’s disqualification order.
Summary
The petitioner, Pintya Samsingh Vasave, filed a writ petition challenging his disqualification by the State of Maharashtra. The court examined an affidavit by the Tahsildar confirming the authenticity of Supriya Pintya Vasave's birth certificate via QR code verification, despite technical glitches reported by counsel. The affidavit and accompanying documents showed Supriya was born on 22‑01‑2016 to Pintya Samsing Vasave and Savitabai Pintya Vasave. The petitioner argued that the birth record was filed by a different person, Biya Vasave, and thus should not affect his status. The court found the Tahsildar’s sworn report credible and saw no reason to disturb the authority’s disqualification order. Consequently, the writ petition was dismissed.
Issues considered
- Whether the petitioner’s disqualification can be set aside on the ground that the birth certificate of his alleged child is unreliable.
- Whether the affidavit and QR‑code verification of the birth certificate constitute sufficient proof to uphold the disqualification.
- Whether the court should interfere with the authority’s order disqualifying the petitioner.
Subjects
- birth certificate
- QR code verification
- disqualification
- writ petition
- affidavit
- technical glitch
Judgment
2026:BHC-AUG:38775
17-sr921WP.14943.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 14943 OF 2023
Pintya Samsingh Vasave
VERSUS
The State Of Maharashtra Through The Secretary And Others
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Mr.A.T.Jadhavar, Advocate for petitioner
Mr.B.V.Virdhe, AGP for respondent nos.1 to 3
Mr.P.S.Patil, Advocate for respondent no.4
Mr.A.R.Syed, Advocate for respondent no.6
----
CORAM : AJIT B. KADETHANKAR, J.
DATE : AUGUST 25, 2026
ORDER :-
Pursuant to to the order passed by this court, an affidavit
came to be filed by Shri.Rahul s/o. Virbhan More, Tahsildar Akrane, Dist.
Nandurbar. The concerned authority deposed that pursuant to the
directions issued by this court the authority verified the birth certificate
issued in the name of Supriya Pintya Vasave. It is stated that the Block
Development Officer submitted a report on 26.02.2024 that on
verification of QR code of birth certificate of Supriya Pintya Vasave, it is
seen that the document belongs to Supriya Pintya Vasave. In the
affidavit-in-reply, the link obtained from the QR code is also provided
which contains the complete details of Supriya Pintya Vasave’s birth
certificate. Copy of the birth certificate and the extract from the birth
2 17-sr921WP.14943
and death registration data showing the name of Supriya Pintya
Vasave are annexed with the reply. In view of this, with the last
hope of success in the matter, learned advocate for the petitioner
submits that on his personal verification the QR code is neither
responding nor it could be seen.
2. Although learned advocate as also learned AGP have
personally tried to verify the data produced on record from their
mobile phones, sometimes the QR code is scanned however the link
is not opened due to some technical glitch.
3. This court does not have any reason as to why a
responsible Officer would furnish a false report to this court on oath.
As observed above, the said affidavit-in-reply is also annexed with
the print-out of the relevant extract of Supriya Pintya Vasave. On
going through such record it appears that the date of birth of the
child namely Supriya is recorded as 22.01.2016. The father’s name
is shown is Pintya Samsing Vasave and mother’s name is shown as
Savitabai Pintya Vasave. As such, it appears that the petitioner and
his wife have begotten a child on 22.01.2016 namely Supriya Pintya
Vasave.
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4. I am conscious to take on record the submissions made
by Mr. Jadhavar, learned advocate for the petitioner that under the
order passed by learned Civil Judge, Junior Division, Dhadgaon, on
02.06.2023 in Criminal Misc. Application No.118 of 2023 the name of
Supriya Biya Vasave is recorded in the birth and death register
maintained by the Gramsevak/authority. On query, he fairly submits
that the application was filed by Biya Vasave i.e. said application was
not filed by the present petitioner. May it be.
5. The thing is clear that this procedure itself was initiated
by Biya Vasave post the objection raised by respondent no.6. Even
for a moment if it is assumed that Biya Vasave has also a daughter
by name Supriya, that itself does not brush out the record and the
data which on oath is substantiated by the Tahsildar showing that a
daughter namely Supriya Pintya Vasave has taken birth on
22.01.2016 and that her parents’ name is Pintya Samsing Vasave
and Savitabai Pintya Vasave. In view of this, I do not find any reason
to interfere with the order passed by the authorities disqualifying the
petitioner. The Writ Petition stands dismissed.
[AJIT B. KADETHANKAR, J.]
………..
KBP
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