S.G.DIGE
Mahadeo s/o Bhagwat Khatawkar – Appellant
Versus
State of Maharashtra, Through Principal Secretary, Rural and Water Conservation – Respondent
JUDGMENT :
Rule. Rule made returnable forthwith and heard finally with the consent of the parties.
2. By this petition, the petitioner has challenged the impugned orders dated 22nd September 2018 passed by the District Collector, Osmanabad and 21st January, 2019 passed by the Additional Divisional Commissioner, Aurangabad, whereby, the petitioner has been disqualified for the post of Sarpanch of Ter, Tq. & Dist. Osmanabad under section 14(1) (j-3) of the Maharashtra Village Panchayats Act (For short, “the Act”).
3. The brief facts of the petition are as under :-
The petitioner was duly elected Sarpanch of village Ter Taluka and District Osmanabad. The complaint was filed against the petitioner by respondent Nos. 6 and 7 stating that the petitioner has encroached in government gairan land 1273 and put up irregular construction on it. After receiving complaint, the Collector called reports from the concerned authority. Considering reports on record and submissions of the petitioner and respondent nos.6 and 7, the Collector by impugned order dated 22.09.2018 disqualified the petitioner from the post of Sarpanch. The petitioner challenged the order of the Collector by way of appeal before
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