DHARMADHIKARI B. P. , J.

( 1 ) BY this petition under Articles 226 and 227 of constitution of India the petitioner, a Sarpanch of Gram Panchayat, Dapura questions the order dated 5th January 2004 passed by Additional Commissioner Amravati Division Amravati holding that she has incurred disqualification under section 14 (1) (g) read with section 16 (2) of Bombay Village panchayat Act, 1958 (hereinafter referred to as "the Act" ). The Additional commissioner has set aside the order dated 29th October, 2003 passed by additional Collector Akola in favour of petitioner. Proceedings before the Collector were initiated by present respondent No. 2 Vasantrao. It is the contention of petitioner that respondent No. 2 had initially tried to unseat her through his wife who contested the election unsuccessfully against her.

( 2 ) RESPONDENT No. 2 filed application in July 2003 under section 14 (l) (g) of the Act before Additional Collector Akola pointing out that the petitioner has obtained advantage of a scheme for construction of houses for poor people and got construction of house under said scheme sanctioned in favour of her husband Laxman. He further asserted that Secretary of Gram