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 seven members of the Gram Panchayat the respondents herein (5 members) have incurred disqualification within the meaning of section 44(h) of the Act on the ground that they were defaulters. Along with the application dates 17th December, 2001 the petitioner enclosed the certificate issued by the Gram Sevak dated 13th December, 2001 to buttress the fact that demand regarding the dues payable to the Gram Panchayat was made between 25th and 28th July, 2001 on the concerned, but they failed to pay the amount till the issuance of the said certificate on 13th December, 2001. According to the petitioner the bills of demand in respect of Gram Panchayat Tax as contemplated under section 129(1) of the Act were issued and also served on the respective respondents on the same day by hand as per the following table:

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Date Bill No. Book No. Amount Property Owner

No.

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25-7-01 70 1 250/- 197 Father of respondent No. 2.

26-7-01 94 1 622/- 138 respondent No. 1 self

95 1 58/- 139 Mother of respondent No. 1.

26-7-01 18 2 260/- 173 Husband of respond ent No. 4.

26-7-01 33 2 328/- 204/1 respondent No. 5 self

204/2

28-7-01 76 2 230/- 267 Father of respondent No. 3.

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Besides the said certificate, the application also encloses the relevant provisions of the Act, under which, the action was to be taken against the respondents.

4. In response to the said application, the Collector issued show-cause notice to the respondents. The respondents in turn, filed their reply before the Collector. In the reply, it is asserted that the claim set-up in the application filed by the petitioner was false ad bogus and they were not defaulters as claimed. The reply also asserts that the application as presented was not maintainable and no relief could be granted to the petitioner. It is the case of the respondents that the said application was filed by the petitioner out of political vendetta, more particularly, because the petitioner had realised that she was now in minority. It is also asserted that the documents which have been relied upon by the petitioner to show that the respondents were defaulters were illegal and not found on any statutory provision and no procedure provided by the statute has been observed. It was therefore asserted by the respondents that disqualification action cannot be taken against them. It is further asserted on behalf of the respondents that the documents relied upon by the petitioners have been

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