JUDGMENT :

RAVINDRA V. GHUGE, J.

1. Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

2. The petitioners (husband and wife), who are elected members of the Village Panchayat, Jamdighat, Taluka Kannad, District Aurangabad, are aggrieved by the order dated 02.08.2019 passed by the District Collector disqualifying both of them under Section 14(1)(j3) of the Maharashtra Village Panchayats Act. They are also aggrieved by the order of the Additional Divisional Commissioner, Aurangabad dated 12.12.2019 by which, their disqualification has been sustained.

3. I have considered the strenuous submissions of the learned advocates for the respective sides and the learned AGP appearing on behalf of respondent Nos. 1 and 2. With their assistance, I have gone through the petition paper-book.

4. Both the petitioners were elected as members of the Village Panchayat, Jamdighat in the year 2017. Subsequently, petitioner No. 1/husband was elected as the Up-Sarpanch of the said Village Panchayat. Respondent No. 3/original complainant, preferred a complaint before the District Collector on 30.01.2019 contending that the petitioner/husband has encroached upon the forest land