JUDGMENT :

Sanjay Kishan Kaul, J.

The Factual Scenario:

1. The appellant was elected as a member of the Zilla Parishad, Chimthane Block, Taluq Shindkheda, District Dhule, on 08.01.2020, as the candidate of a recognized party. However, he was disqualified from this position by an order dated 08.11.2021 passed by the Divisional Commissioner, Nashik, which came in a petition filed by respondent no.3, who had lost the Zilla Parishad election.

2. Respondent no.3 had filed the aforesaid petition under Sections 40 and 16(1)(i) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (hereinafter referred to as ‘the said Act’). Respondent no. 3 claimed the appellant’s disqualification on the basis that the appellant had misused his elected post with the object of gaining undue personal financial benefit. This financial benefit is stated to have accrued on account of the role played by the appellant in passing of a resolution dated 26.01.2020, whereby the Aarave Gram Panchayat sanctioned the repairing and tarring of a road from Aarave Phata to Mauje Aarave. Thereafter, the Zilla Parishad, Dhule, of which the appellant was a member, granted administrative sanction to the project on 05