ASHOK BALASAHEB CHAUGULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This writ petition was heard on 3 rd September 2012 and was placed today for judgment/order. Since the point involved in the writ petition is short, with consent of the parties, it is disposed of finally. Hence, Rule. The learned A.G.P waives service for respondent Nos.1 to 3. Respondent Nos.4 and 5 are duly served and respondent No.5 is represented by Mr.Sandeep Koregave. Respondent No.4 is a formal party and service on the same can be dispensed with.

(2.) The petitioner has been disqualified on an application made by respondent No.5. The proceeding is under the Bombay Village Panchayats Act, 1958. The Gram Panchayat of Tardal, Taluka Hatkanangale , District Kolhapur is the Gram Panchayat in question. The petitioner was elected as a Member of this Gram Panchayat in the elections held in 2007. An application for disqualification of the petitioner was made by respondent No.5 alleging that the petitioner is disabled from continuing as a Member as he was disqualified in terms of section 14(1)(j 1) of the Bombay Village Panchayats Act, 1958 (for short "the Act").

(3.) It was alleged that the petitioner has more than two children. He had married one Vijayalaxmi and from this wedlock the petitioner has one son named Kunal. He was born on 16 th September 2003. Thereafter, the petitioner married Smt.Annapurna and has two children from this wedlock, namely, a daughter born on 1 st March 2008 and a son Krutadnya born on 19 th August 2009. Thus, the petitioner has incurred the disqualification and, therefore, a vacancy arises which should be filled in accordance with law. The question whether a vacancy had arisen was, therefore, to be determined by the Collector of Kolhapur District and which has been determined and decided by the said Authority. An appeal against his decision has been preferred by the petitioner, which appeal also has been dismissed by the Appellate Authority, namely, Additional Collector, Pune Division, Pune.