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2022 Supreme(Bom) 1712

SANDEEP V. MARNE
Archana w/o. Santosh Neharkar – Appellant
Versus
Anil s/o. Maruti Kshirsagar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. S.E. Shekade, Adv.
For the Respondent: Mr. I.K. Wagh, Mr. K.B. Jadhavar, AGP.

JUDGMENT :

1. Heard. Rule. It is made returnable forthwith. Mr. I.K. Wagh, learned advocate and Mr. K.B. Jadhavar, the learned AGP waive notice for the respective respondents. At the request of the learned counsel for the parties, the matter is heard finally at the admission stage.

2. Petitioner takes exception to the order dated 07.04.2022 passed by the Additional Divisional Commissioner, Aurangabad rejecting her appeal and confirming the order passed by the Collector, Beed dated 05.01.2022 by which she has been disqualified for being a Sarpanch. Petitioner was earlier disqualified on 09.12.2021 under the provisions of Section 39 (1) of the Maharashtra Village Panchayats Act, 1958 (hereinafter referred to as the ‘Act of 1958’) on the basis of the report of the Chief Executive Officer, Zilla Praishad. Her disqualification has been set aside by this Court by order dated 26.09.2022 passed in Writ Petition No.7812 of 2022 on the ground that the Chief Executive Officer had not conducted independent enquiry as envisaged under Section 39 (1) of the Act of 1958. The matter came to be re

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