This writ petition is filed by elected sarpanch, up-sarpanch and three other members of gram panchayat Kathora (Bk.) challenging order dated 29/09/2017 passed by respondent No.2-Divisional Commissioner, Amravati, removing the petitioners from the said elected position under section 39(1) of the Maharashtra Village Panchayats Act, 1959 (hereinafter referred to as the “Act of 1959”) and order dated 06/02/2018 passed by respondent No.1-State of Maharashtra dismissing the appeal filed by the petitioners and confirming the order of respondent No.2-Divisional Commissioner.

2. The facts leading to the present writ petition are that the petitioners along with other persons were elected as members of the aforesaid gram panchayat on 27/04/2015. A complaint was filed by respondent No.5, an agriculturist and voter in the said gram panchayat, seeking removal of the petitioners on the ground that despite repeated directions by the State functionaries of the office of the Collector, Amravati, the petitioners had ensured that encroachment by certain persons on government land in the jurisdiction of the gram panchayat was not removed. This complaint was filed by respondent No.5 on 25/07/20