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2023 Supreme(Bom) 574

MILIND N. JADHAV
Amit Tanaji Gote – Appellant
Versus
State of Maharashtra – Respondent


Advocate Appeared:
For the Petitioner:Mr. Anil Anturkar, Senior Advocate a/w. Mr. Ranjit Shinde and Mr. Ajinkya Udane, Advocates
For the Respondent:Mr. S.H. Kankal, AGP, Mr. Atul Damle, Senior Advocate a/w. Mr. Suhas Inamdar, Advocate, Mr. Sachindra Shetye a/w. Ms. Sarika Shetye, Advocates

JUDGMENT:

1. The present judgment shall dispose of all three Writ Petitions.

2. The facts are identical in all three Writ Petitions. Petitioner is common in all three Writ Petitions. His name is Amit Tanaji Gote. He is one of the elected member of the Gram Panchayat. Respondent No.5 in all three Writ Petitions are also elected members of the same Gram Panchayat. Respondent No.5 in Writ Petition No.8587 of 2021 was elected as Sarpanch subsequently. Brief facts necessary for adjudication are outlined hereinunder:-

2.1. On 15.01.2021, election of member of Gram Panchayat Shiraswadi, Tal. Haveli, District Pune was held.

2.2. On 18.01.2021, votes were counted and on 29.01.2021 result of election was declared.

2.3. Pursuant to election, on 08.03.2021, Petitioner filed three separate Applications seeking disqualification of Respondent No.5 in the three Writ Petitions as member of the Gram Panchayat. These disqualification Applications were filed on the principal ground that all three i.e. Respondent No.5 failed to lodge the detailed Affidavit of election expenses within 30 days from the date of announcement of the result of the election i.e. on or before 01.03.2021.

2.4. On 17.08.2021, Responde

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