HIMMAT TULSHIRAM ATHAVALE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Rule is made returnable forthwith. Heard finally with the consent of learned counsel appearing for rival parties.

(2.) By this writ petition, the petitioner, an elected Member of Grampanchayat Javala (Shahapur), has challenged concurrent orders passed by the respondents No. 1 and 2, whereby he has been disqualified as Member of the said Grampanchayat under Section 14(1)(g) of the Maharashtra Village Panchayat Act, 1959.

(3.) The petitioner was elected as Member of the said Grampanchayat in elections held in the year 2015. He was thereafter elected as Up-Sarpancha of the said Grampanchayat. On 14/03/2018, the respondent No.3 filed an application before the respondent No.2 ­ Additional Collector, seeking disqualification of the petitioner as Member and Up-Sarpancha of the Grampanchayat under Section 14(1)(g) of the aforesaid Act. It was alleged that the petitioner as Up-Sarpancha of the Grampanchayat had been party to resolutions passed on 25/11/2016 and 12/05/2017, whereby daughter-in-law of the petitioner was appointed as Peon in the Panchayat and then she was confirmed in the said post. It was also alleged that in the meeting dated 12/05/2017, whereby the daughter-in-law of the petitioner was confirmed in the post of Peon, the petitioner had presided over the meeting and he was the proposer of the resolution whereby her service was made permanent. On this basis, it was contended that the petitioner incurred disqualification under Section 14(1)(g) of the aforesaid Act. The petitioner refuted the allegations levelled against him.