1. Heard learned Advocates for the respective parties.

2. Rule.

3. By consent, Rule is made returnable forthwith and the petition is taken up for final disposal.

4. The petitioner is elected as Member of Walwadi Gram Panchayat in the elections held in 2010. The term, as a Member, is to last for five years. The petitioner, thereafter, contested the elections for the position of Sarpanch of Gram Panchayat and was elected as such.

5. Respondents 5 and 6, defeated candidates, lodged a complaint against the petitioner on 20.7.2012 alleging encroachment. It was numbered as Gram panchayat Dispute No.13 of 2012. The said complaint was heard by the Additional Collector. By an order dated 8.10.2012, the Additional Collector was pleased to hold that the complaint had no merits. It was concluded that the petitioner had not encroached upon the public premises or the Government land and had, therefore, not incurred a disqualification, as a Member of the Gram Panchayat, as contemplated under Section 14(1)(j3) of the Bombay Village Panchayats Act, 1958 ("the Act of 1958").

6. The order of rejection of the complaint was carried by respondents 5 and 6 to the Divisional Commissione