JUDGMENT :

1. Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission.

2. This petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dated 28th September, 2022 passed by the Additional Divisional Commissioner, Pune in Gram Panchayat Appeal No. 5/2022 whereby the appeal preferred by respondent No. 5 under section 16(2) of the Maharashtra Village Panchayats Act, 1959 (the Act, 1959) came to be allowed by setting aside the order passed by the District Collector in Gram Panchayat Dispute No. 207 of 2021 dated 25th February, 2022, and thereby declaring that the petitioner incurred disqualification to continue as a member of village panchayat, Manjri (Khurd), Tal. Haveli, District Pune under the provisions of section 14(1)(j-3) of the Act, 1959.

3. The background facts leading to this petition can be stated as under:-

a} In the election held in the year 2001 the petitioner was elected as a member of village panchayat, Manjri. The petitioner was also elected as the Sarpanch of the village panchayat.

b} The respondent No. 6 lodged Dispute Application No. 207 of 2021