JUDGMENT :

1. The petitioner, an elected Sarpanch of Village Panchayat Mudegaon, Tq. Ambajogai, Dist. Beed, is aggrieved by two orders; the first order dated 04.11.2020 passed by the Additional Divisional Commissioner, Aurangabad, removing him from the post of Sarpanch for his remaining term and the second order being the order dated 01.11.2021, passed by the State Minister (Rural Development) in an Appeal under Section 39(3) of the Maharashtra Village Panchayats Act, when the order of removal is upheld.

2. Heard learned Counsel Shri. Mayur V. Salunke holding for Shri. V. D. Salunke for the petitioner, the learned AGP for respondent/State, learned Advocate Shri. P. D. Suryawanshi for respondent no. 3, learned Advocate Shri. A. A. Khande for respondent no. 4 and learned Counsel Shri. R. T. Deshmukh for respondent no.5.

Considering the subject matter of the writ petition, it is heard finally by consent of the parties. Rule. Rule made returnable forthwith.

3. The petitioner came to be elected as Sarpanch of Village Panchayat, Mudegaon since he secured the maximum number of votes on being directly voted by the residents of the Village Panchayat, Mudegaon. The election came to be conduct