S. C. DHARMADHIKARI, J.:-

By this petition under Article 226 of the Constitution of India, the Petitioner seeks a declaration that Respondent no.1 is disqualified as member of Village Panchayat Verla Canca, Bardez Taluka and that seat has therefore become vacant.

2. As a consequence of the above relief, it is prayed that Respondent nos.3 to 6 should hold election to fill up the vacant seat from ward no.5 of the said Panchayat.

3. The case of the Petitioner is that he is residing in the said village and he is voter at the Panchayat election of the Village Panchayat, which is impleaded as Respondent no.2. Respondent no.1 also resides in the village Verla-Canca and he is a member of Village Panchayat. The other respondents are the Authorities in-charge of implementation of the provisions of Go a Panchayat Raj Act, 1994. It is stated that Respondent no.1 was elected from ward no.5 in the election of the Panchayat in May, 2007. The Petitioner also contested the election. Respondent no.1 is elected as Panchayat member for a period of 5 years.

4. It is the case of the Petitioner that the first Respondent stands disqualified on account of his conduct in supporting his wife in obtai