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2023 Supreme(Bom) 887

ARUN R. PEDNEKER
Sonali Gajanan Dhepe – Appellant
Versus
Additional Divisional Commissioner – Respondent


Advocates appeared:
Umakant B. Deshmukh, Advocate, K. B. Jadhavar, Advocate, Yogita Thorat, Advocate, A. B. Kadethankar, Advocate, G. R. Ingole, Advocate

JUDGMENT

Arun R. Pedneker, J. - Heard Mr. Umakant B. Deshmukh, learned Counsel for the Petitioners, Mr. K. B. Jadhavar, learned AGP for the Respondent / State, Ms. Yogita Thorat, learned Counsel for Respondent Nos.2 and 3, Mr. A. B. Kadethankar, learned Standing Counsel for Respondent No.4, Mr. G. R. Ingole, learned Counsel for Respondent No.6.

2. Rule. Rule made returnable forthwith. With consent of parties heard finally.

3. The Petitioners challenge the impugned order dated 11.03.2022 passed by the Additional Commissioner, Aurangabad Division, Aurangabad in file No.2022/GP/Appeal no.1/CR 14, whereby he allowed the appeal filed by the Respondent No.6, reversing the Judgment of the Collector disqualifying the Respondent No.6, under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958 (for short 'the Act') from holding the post of Sarpanch/Member of the village panchayat.

4. The elections were held in the year 2021 to the village panchayat Kapsi, Taluka - Loha, District - Nanded. In the said election Respondent NO.6 was elected as a Member of the village panchayat and subsequently elected as a Sarpanch of the village panchayat. In the nomination filed by Respondent No.6 sh

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