JUDGMENT - KHANWILKAR A.M., J.:-This writ petition is essentially under Article 227 of the Constitution of India, taking exception to the judgment and order passed by the Divisional Commissioner, Pune Division dated March 31, 2003 in Appeal No. 8 of 2002. And I propose to entertain this writ petition under Article 227, although in the title of the writ petition, the petitioner has described the petition as one under Articles 226 and 227 of the Constitution of India inasmuch as this petition is filed only between the private parties and no State Agency has been made party herein.

2. Briefly stated the petitioner was elected as member of Nebapur Gram Panchayat, Taluka Panhala, District Kolhapur on 18th August, 2000. The respondents were also elected as members of the same Gram Panchayat along with the petitioner. The petitioner was later on elected as Sarpanch of the said Gram Panchayat.

3. The present petition emanates from the proceedings which were commenced at the instance of the petitioner, purported to be under section 14 of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as the 'Act') upon filing application before the Collector, Kolhapur, alleging that out of

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