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ANIL L. PANSARE
Amitkumar S/o Bhimrao Bankar – Appellant
Versus
Additional Divisional Commissioner, Nagpur – Respondent
JUDGMENT :
ANIL L. PANSARE, J.
1. Rule. Rule is made returnable forthwith. Heard finally with consent of learned counsel for the parties.
2. Respondent No. 2, in each petition, suffered disqualification under Section 14(1)(h) of the Maharashtra Village Panchayats Act, 1958 (hereinafter referred to as the “Act of 1958”) for failure to pay taxes due to the Gram Panchayat within three months from the date on which the amount of taxes was demanded. The Collector, Chandrapur, on 10.10.2022, passed order of disqualification. The order of Collector was successfully challenged in terms of Section 16(2) of the Act of 1958. Thus, the Additional Commissioner, vide orders dated 18.01.2023, set aside the order passed by the Collector. These orders have been challenged in the present petitions.
3. It is the contention of the petitioners that in terms of Section 16(2) of the Act of 1958, the appeal lies before the Commissioner, however, in the present case, the appeal has been entertained by Additional Commissioner. According to petitioners, the impugned orders are, therefore, without an authority and are unsustainable in the eyes of law.
4. Thus, the question involved in these petitions is, whether t
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