JUDGMENT :

BHARATI DANGRE, J.

1. The petitioner raise a challenge to his disqualification as a Member/Sarpanch of village panchayat, Kanadgaon, Tq. Rahuri, District Ahmednagar, by invoking the provisions of Section 10(1-A) of the Maharashtra Village Panchayats Act, 1959 (hereinafter referred to as “the said Act”).

2. The petitioner approached this Court and on 27.12.2021, notice was issued to the respondents. On the respondents being heard, the parties expressed their consensus to argue the writ petition finally. Hence, Rule. Rule made returnable forthwith. Heard by consent of the parties.

3. I have heard learned Counsel Shri S.R. Andhale for the petitioner, learned Assistant Government Pleader Shri P.G. Borade for respondent Nos. 1 and 2 and learned Counsel Shri T.J. Momin, for respondent No. 3.

4. The petitioner contested the elections and came to be elected as a ‘Sarpanch’ of village panchayat, Kanadgaon, Tq. Rahuri, District Ahmednagar from the seat reserved for scheduled category. The result came to be declared on 10.01.2020. Since the post of Sarpanch was reserved for scheduled caste, and the petitioner claimed to be belonging to the said caste, before his election, he preferred a