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) of the said Act, as per directions of the Commissioner. The petitioner appeared in the said enquiry and put forth his contention. On 09.01.2013, the Chief Executive Officer prepared the report on the basis of report submitted by G.D.O. The said proceeding was in respect of application filed under Section 39(1) of the said Act. It is further case of the petitioner that on 16.01.2012, respondent No. 5 submitted an application for disqualification of the petitioner on the ground of not conducting Gramsabha and Women Gramsabha under Sections 7 and 36 of the said Act. Pursuant to the notice received by the petitioner, he appeared before the Collector. It is the contention of the petitioner that in the said notice there was no mention of charges, which are supposed to be answered by the petitioner. The petitioner did produce the proceedings of the meetings of Gramsabha and Women Gramsabha conducted by him. However, the Additional Collector on 08.04.2013 passed the order, and thereby held that the petitioner is disqualified for not conducting the requisite Gramsabha and Women Gramsabha etc.

4. Being aggrieved by the order dated 08.04.2013, passed by the Additional Collector, the petitioner has filed this Petition.

5. Learned counsel appearing for the petitioner made following submissions:

(a) It is submitted that the petitioner herein was elected as Sarpanch of Tambole Grampanchayat and he has conducted Gramsabhas' on 02.10.2010, 01.12.2010, 26.01.2011, 01.05.2011, 15.08.2011, 02.10.2011 and 26.01.2012. The petitioner has also conducted Women Gramsabhas on 01.10.2010, 25.01.2011, 08.03.2012, 30.04.2013, 14.08.2012 and 01.10.2012.

(b) It is submitted that on 26.09.2012 respondent No.5 made complaint for disqualification against the petitioner to respondent Nos.2 and 4. Pursuant to that complaint, on 27.11.2012, the Deputy Chief Officer has issued show cause notice under Section 39(1) to the petitioner. The petitioner has replied the same. It is submitted that on 15.10.2012 report was submitted by GDO to the Chief Officer disclosing the Gramsabha held by the petitioner.

(c) It is submitted that respondent No.5 submitted complaint/Dispute No.05 of 2012 for disqualification under Section 7 of the Act. On 30.01.2013, a show cause notice was issued to the petitioner without disclosing the charges. The petitioner has submitted his say and produced on record the proceedings of three relevant meetings.

(d) It is submitted that Mr. Salunke, the Secretary of Gram Panchayat has submitted his explanation dated 04.01.2013 for not maintaining the record. On 09.01.2013 report was submitted by Chief Officer, which was in respect of proceeding under Section 39(1), as per orders dated 16.01.2012. It is submitted that on 08.04.2013 respondent No. 3 passed the impugned order dis