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2012 Supreme(Bom) 1962

S.C.DHARMADHIKARI
Sou. Kanchan Shivaji Atigre – Appellant
Versus
Mahadev Baban Ranjagane – Respondent


Advocates Appeared:
For the Petitioner:Abhijit M. Adagule, Advocate.
For the Respondents:R1, Shrikant Yadav, Advocate, R3 & R4, Ms. P.S. Cardozo, A.G.P.

Judgment

Rule. This writ petition under Article 226 and Article 227 of the Constitution of India is directed against the order passed by the Additional Commissioner, Pune Division, Pune in Gram Panchayat Appeal/Kolhapur/185 of 2011.

2} That appeal was directed against the order passed by the Additional Collector, Kolhapur in dispute/complaint bearing No.8 of 2011 decided on 25th October 2011.

3} The Additional Commissioner, Pune Division, Pune while allowing the appeal has held that the petitioner is disqualified under section 14(1)(j-3) of the Bombay Village Panchayat Act, 1958 (for short “the Act”). This is a disqualification incurred on account of encroachment made upon government land or public property.

4} A complaint was made by the respondent No.1 that Gram Panchayat Padwalwadi is the Gram Panchayat in question. Its elections were notified and the complainant is a voter/elector for the said elections. That election was held on 27th June 2010. The petitioner contested the said election from Ward No.3 which was reserved for women (general). She was declared elected. Thereafter, the Gram Panchayat post of Sarpanch which was also reserved for this category was contested by the p




















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