1. Rule. Rule made returnable forthwith. By consent heard finally.

2. The relevant facts, leading to file present petition as disclosed in this writ petition are as under:

The petitioner herein was elected as Sarpanch of Tambole Grampanchayat. It is his case that he has discharged the duties honestly and effectively. He conducted Gramsabha, Special meetings and Women Gramsabha in time and as per the requirement of law. Respondent No.5 herein is political rival of the petitioner, who initiated the proceedings of disqualification before two different authorities i.e. respondent No.2 under Section 39 (1) of the Bombay Village Panchayats Act, 1948 (Hereinafter referred to as "Said Act" for short) and another proceeding under sections 7 and 36 of the said Act.

3. On 26.09.2012, respondent No.5 and other persons filed an application praying therein for initiating the action under Section 39 of the said Act with the Commissioner. The Commissioner remitted the matter for enquiry to respondent No. 4herein. The said enquiry is pending before respondent No.2. It is the case of the petitioner that he has received the notice from Deputy Chief Officer for enquiry under Section 39(1) o