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2023 Supreme(Bom) 623

ARUN R. PEDNEKER
Mankarna w/o. Nagorao Kale – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.S.S.Londhe, Advocate
For the Respondent:Mr.K.B.Jadhavar, Mr.S.S.Gangakhedkar, Mr.N.P.Ghanwat, Advocate

JUDGMENT :

1. By the present Writ Petition, the petitioner is challenging the judgment and order dated 29.06.2022 in Case No. 2022/Grampanchayat/Appeal-2/CR-23 passed by the respondent no.2 – Additional Commissioner, Aurangabad, so also, the judgment and order dated 02.03.2022 passed by the respondent no. 3 – District Collector, thereby disqualifying the petitioner as a member of the Grampanchayat under Section 14 (1) (g) of the Maharashtra Village Panchayats Act, 1958 [for short ‘the Act of 1958’].

Brief facts leading to filing the present Writ Petition are as under:

2. The general elections for the Grampanchayat, Kakad Dabha was conducted in the month of January, 2021.

The petitioner contested the said election and was elected as member of the said Grampanchayat. Thereafter, she was elected to the post of Sarpanch from the Scheduled Tribe category on 10.02.2021.

3. On 06.09.2021, the respondent no. 5 – Vitthal Baliram Kale filed a complaint against the petitioner under Section 16 (1) of the Act of 1958 before the Collector, Hingoli, seeking disqualification of the petitioner under Section 14 (1) (g) of the Act of 1958, for having issued payment to her husband of Rs.19,500/- for contra

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