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2020 Supreme(Bom) 189

MANISH PITALE
Seema w/o Ramesh Khule – Appellant
Versus
Divisional Commissioner Amravati Division – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri. S. D. Chopde
For the Respondent: Shri. N. B. Rathod, Shri. Nikhil Joshi, AGP

JUDGMENT :

The petitioner who was elected as Sarpanch of Gram Panchayat Gawandgaon, has filed this writ petition challenging her disqualification from the said elected position of Sarpanch under Section 14(1)(j-3) of the Maharashtra Village Panchayat Act, 1959. It is the contention of the petitioner that the order passed by the respondent No.2 Collector, Akola, holding that she stood disqualified under the said provision is not in consonance with law and that the respondent No.1 Divisional Commissioner Amravati also erred in dismissing her appeal filed under Section 16(2) of the aforesaid Act. While issuing notice in this writ petition on 03/05/3029, this Court recorded the contention raised on behalf of the petitioner that her case was covered by judgment of this Court in the case of Shantaram Narayan Raut vs. Additional Commissioner, 2012 Mh.L.J. 790 and on that basis adinterim relief was granted in her favour, as a consequence of which she has continued in the said position of Sarpanch of the Gram Panchayat.

2. In October 2017, the petitioner was directly elected as Sarpanch of the Gram Panchayat under the provisions of the said Act. The respondent No.4 filed an application on 07/

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