1. Rule made returnable forthwith. Heard the matter finally by consent of the learned counsels appearing for the parties.

2. The challenge in this petition is to the order dated 05.03.2014 passed by the Divisional Commissioner, Amravati Division, Amravati, dismissing Appeal No. 12/BVP16(2)/Dhanodi/201314 filed by the petitioners challenging their disqualification under Section 14(1)(j5) the Bombay Village Panchayat Act, 1958 (hereinafter referred to as “the BVP Act), on the ground that the petitioners have failed to submit a certificate of the concerned Panchayat along with the resolution of Gram Sabha, certifying that the petitioners reside in a house owned by them and has a toilet in such house and they are using such toilet.

3. The relevant consideration in the order of the Commissioner is reproduced below;

“However, as amended by the Bombay Village Panchayat and Maharashtra Zilla Parishads and Panchayat Samitis (Second Amendment) Act, 2010, the period of 90 days has been extended upto a period of one year from the date of 10.01.2011. It means that the period is extended upto 09.01.2012 and therefore, it was required for member to submit Certificate along with the Resolu