ARUN KANHU PAWAR Vs. SAKRU GANU RATHOD

JUDGEMENT

(1.) RULE with the consent of the parties made returnable forthwith and heard.

(2.) THE above writ petitions take exception to the orders passed by the Additional Commissioner, Amravati Division, Amravati, by which orders the Additional Commissioner in each of the above petitions has allowed the Appeals filed by the complainant i.e. the respondent No.1 herein Sakru Ganu Rathod in Writ Petition No.1907/2011 and thereby has disqualified the petitioner in Writ Petition No.1907/2011 as Sarpanch and the petitioners in Writ Petition Nos.3435/2011 and 1908/2011 as members of the Gram Panchayat Mhaismal. THE petitioners in each of the above petitions were elected as members of the Gram Panchayat Mhaismal in the elections held in the year 2010. THEreafter the petitioner in Writ Petition No.1907 was elected as the Sarpanch of the Gram Panchayat Mhaismal. THE respondent No.1 herein i.e. Sakru Ganu Rathod, who is the complainant in all the matters, had also contested the elections to the post of Sarpanch and had lost the same. THE respondent No.1 filed an application against each of the petitioners above named under Section 14 (1) (j3) of the Bombay Village Panchayats Act, 1958 (for brevity referred to as the "said Act") seeking disqualification of the petitioners on the ground that they have carried out encroachment on Government land.

(3.) THE Additional Collector, Yavatmal considered the said application filed by the complainant i.e. the respondent No.1 herein and by his order dated 13th December, 2010 rejected the said application. Similarly, is the position in Writ Petition No.1908/2011 as also in Writ Petition No.3435/2011.