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2018 Supreme(Bom) 518

S.V.GANGAPURWALA, A.M.DHAVALE
Gokul Chandanmal Sangvi – Appellant
Versus
State of Maharashtra, through Secretary, Rural Development Department – Respondent


Advocates Appeared:
For the Petitioner: Mukul Kulkarni.
For the Respondents: Vaishali N. Patil Jadhav, Shivaji T. Shelke, V.D. Sapkal.

JUDGMENT :

A.M. DHAVALE, J.

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties and taken up for final disposal at admission stage.

2. The petitioner, a defeated candidate in the Sarpanch election, seeks following reliefs:

(a) Election of respondent No. 5 as Sarpanch of village Grampanchayat Fagane dated 11.10.2017 be quashed and set aside in view of his disqualification for five years dated 03.11.2014.

(b) The petitioner be declared as elected Sarpanch for the remaining term.

(c) Enquiry be held against respondent No. 3 in respect of illegal and arbitrary order of refusing the to disqualify respondent No. 5.

(d) Respondent No. 5 be restrained from enjoying any benefits of the post of Sarpanch including salary, allowance and remuneration.

3. Shri Mukul Kulkarni, the learned counsel for the petitioner argued that, in the year 2013 respondent No. 5 had contested election for membership of Zilla Parishad, Dhule. The Election Commissioner (R-2) through the Collector, Dhule, by order dated 03.11.2014 disqualified him and banned him for five years from contesting election on account of not submitting or concealing election expenses to the Election Commission. R

































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