T.V. Nalawade, J.

The petition is filed under Articles 226 and 227 of the Constitution of India to challenge the order made by respondent No. 3, learned Additional Collector, Osmanabad and also by respondent No. 2, learned Additional Commissioner, Aurangabad in the matter of proceeding filed for disqualification of the present petitioner. The proceeding was started as the petitioner was not having toilet in her house and so the disqualification was sought under the ground given in Section 14(1)(j-5) of the Maharashtra Village Panchayats Act, 1958. Both sides are heard.

2. In the general elections to the village panchayat held in October 2012 the petitioner was elected as member of the Village Panchayat Hingangaon, Tahsil Kallam, District Osmanabad. On 23-11-2012 she was elected to the post of village Sarpanch. On 8-12-2014. Respondent No. 5 filed complaint to the Block Development officer and informed that present petitioner was not having toilet facility at her residential place and so she could not remain even as member of the village panchayat. On 11-12-2014 Extension Officer Shri Jadhav made inquiry on the basis of the order made by the Block Development Officer (BDO) by v