GULABRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) In this petition invoking the powers of this Court under Articles 226 and 227 of the Constitution of India, the petitioner is impugning the judgment and order dated 28.08.2020 passed by respondent No.2 - Divisional Commissioner, Nasik in Appeal No.5/2020 as well as the judgment and order dated 15.07.2020 passed by respondent No.3 - Collector, Dhule in Appeal No.6/2020, whereby the period of disqualification incurred by him of five years with effect from 03.11.2014 has been reduced to three years from that date after the matter was remanded for that purpose by the Supreme Court in Civil Appeal @ SLP (C) Nos.20814 to 20816 of 2019 and connected matter vide order dated 14.02.2020.

(3.) It is necessary to note that when the matter was taken up for the first time on 11.09.2020, a notice was directed to be issued to the respondents, but since the learned Advocate for the petitioner Mr. A.B. Girase insisted for grant of interim relief in terms of prayer clause (G), directing respondent No.3 - Collector, Dhule and respondent No.2 - Divisional Commissioner, Nasik to allow the petitioner to resume the office of Sarpanch of Village Panchayat, Mukti, the learned A.G.P. Mrs. D.S. Jape had sought some time for soliciting instructions from respondent No.3 - Collector and accordingly, I have heard the learned Advocate for the petitioner, the learned A.G.P. as also learned Advocate Mr. Mukul S. Kulkarni, who is appearing on behalf of respondent No.6. The prayer "G" reads as under :