(1.) Heard Shri P.B. Patil, learned Advocate for the Petitioners, Shri A.M. Kadukar, learned AGP for the Respondent/State, Ms. M. Ghatode, learned Advocate for the Respondent No. 4 and Shri A. Jaiswal, learned Senior Advocate assisted by Shri K. Deshmukh, learned Advocate for Respondent No. 6.
(2.) Being aggrieved by the order passed by the Respondent No. 1 - Additional Commissioner, Amravati Division, Amravati on 02/02/2022, the Petitioners have filed the present Writ Petition. The relevant facts for adjudication of the present Writ Petition can be summarized as under:-
(3.) In October, 2017, the Respondent No. 6 came to be elected as Sarpanch of Village Changefal, Tq. Sindkhed Raja, District Buldhana. The Petitioners filed Complaint under Sec. 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959 (hereinafter referred to as "the said Act ") before the Additional Commissioner, Buldhana on 14/09/2020 alleging that the Respondent No. 6 has misused the powers by encroaching upon the government land and because of misuse of his powers, he be removed from the said post. The said Complaint came to be transferred to the Respondent No. 2 - Additional Collector, Amravati, who by the order dtd. 07/10/2021, rejected the said Complaint of the Petitioners by maintaining the Respondent No. 6 on the post of Sarpanch. Being aggrieved by the same, the Petitioners challenged the order of the Respondent No. 2 by way of Appeal under Sec. 16(2) of the said Act before the Respondent No. 1. The Respondent No. 1, by the order dtd. 02/02/2022, dismissed the Appeal of the Petitioners and thereby maintained the order of the Respondent No. 2. The said orders passed by the Respondent Nos. 1 and 2 are the subject matter of challenge in the present Writ Petition.