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2023 Supreme(Bom) 531

KISHORE C. SANT
Gorakh Baban Zende – Appellant
Versus
Vaishali Ramdas Zende – Respondent


Advocates Appeared:
For the Petitioner: Mr. Shelke Shivaji T.
For the Respondents: Mr. A.A. Khande h/f Mr. Dond Manoj A., Mr. Lokhande Kishor N., Mr. K.B. Jadhavar.

JUDGMENT :

1. Rule. Rule made returnable forthwith by consent of the parties.

2. Heard the learned Advocates for the parties. The petitioner the original disputant who assailed the order of the Collector contending that respondent No. 1 be declared as disqualified to be a member of Grmpanchyat under Section 14 (1) (j-3) of the Maharashtra Village Panchyat Act, 1958, on the ground that her father-in-law had encroached upon the land belonging to the Grampanchyat.

3. Respondent No. 1 is the elected member of the Grampanchyat. Respondent No. 2 is Gramsevak and the respondent No. 3 is the Collector, whereas, respondent No. 4 is the Additional Commissioner, Nashik.

4. The learned Collector by the judgment and order dated 21.06.2022, held respondent No. 1 as disqualified to be a member of Grampanchyat. However, the learned Additional Commissioner, in Grampanchyat Appeal No. 91 of 2022 set aside the order passed by the learned Collector by allowing the appeal and therefore, the petitioner is before this Court.

5. The facts in short are that respondent No. 1 came to be elected as a member of the Grampanchyat in the election held on 15.01.2021. The petitioner who is a voter from the said vil

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