1 Rule. Respondents waive service. By consent of parties, heard finally.

2 By this Writ Petition under Articles 226 and 227 of the Constitution of India, the Petitioner is challenging the order passed by the Additional Collector, Nashik District, Nashik dated 05.03.2012 on the Dispute Application No.2/2012 which order is confirmed by the Additional Divisional Commissioner, Nashik Division, Nashik by his order 28.03.2012 in Appeal No.44/2012.

3 The Respondent Nos.2 and 3 to this Writ Petition filed an application bearing Dispute Application No.2/2012 against the Petitioner invoking the jurisdiction and authority of the Additional Collector, Nashik under Section 16(1) and (2) of the Bombay Village Panchayats Act, 1958 (for short “the Act”).

4 The allegation contained in this application briefly is that by virtue of Section 16 of the Act, the elected member can be held to be disabled from continuing as such if at the time of his election or appointment he was subjected to any of the disqualifications mentioned in Section 14 of the Act or during the term for which he has been elected or appointed he has incurred any disqualification mentioned in Section 14. Once he is so disab