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2012 Supreme(Bom) 1249

S.S.SHINDE
Bharat Vitthal Shete – Appellant
Versus
Rohidas Manaji Wahleker – Respondent


Advocates appeared:
For the Petitioner:S.K. Shinde, Advocate.
For the Respondents:R1, P.S. Shinde, R3 to 5, K.J. Ghute Patil, A.G.P., R6, A.B. Gatne, Advocates.

Judgment :

Rule. Rule made returnable forthwith. With the consent of parties heard finally.

2. This writ petition takes exception to the judgment and order in Grampanchayat Appeal No. 27 of 2011 passed by the Additional Commissioner, Nashik Division, Nashik dated 25th May 2011, thereby confirming the judgment and order dated 24th January 2011, passed by the Additional Collector, Ahmednagar in Grampanchayat Dispute No.48 of 2010.

3. It is the case of the petitioner that, the election of village Grampanchayat Pimpalgaon Khand, for the period 2010 to 2015 was held on 22nd August, 2010. The petitioner herein is declared elected member of the said Grampanchayat by defeating the respondent No.1 and other candidates who contested the said election from his ward. Thereafter, after few days the petitioner is elected as Sarpanch of the said Grampanchayat.

The respondent No.1 herein, filed Dispute on 14th September, 2010, before the respondent No. 3 for setting aside the election of the petitioner as per the provisions of Section 14(1)(j)(1) of the Bombay Village Panchayat Act, 1958 (For short,"said Act"), on the ground that, the petitioner is having three children, and third child by name Sar


























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