SUVARNA PRAKASH PATIL Vs. ANIL HINDURAO POWAR

JUDGEMENT

(1.) THIS Writ Petition is essentially under article 227 of the Constitution of India, taking exception to the Judgment and order passed by the Divisional Commissioner, Pune Division dated march 31, 2003 in Appeal No. 8 of 2002. And I propose to entertain this writ Petition under Article 227, although in the title of the Writ Petition, the Petitioner has described the Petition as one under Articles 226 and 227 of the Constitution of India, inasmuch as this Petition is filed only between the private parties and no State Agency has been made party herein.

(2.) BRIEFLY stated, the Petitioner was elected as member of Nebapur gram Panchayat, Taluka Panhala, District Kolhapur on 18/08/2000. The Respondents were also elected as members of the same Gram panchayat along with the Petitioner. The Petitioner was later on elected as Sarpanch of the said Gram Panchayat.

(3.) THE present Petition emanates from the proceedings which were commented at the instance of the Petitioner, purported to be under Section 16 of the. Bombay Village Panchayats Act, 1958 (hereinafter referred to as the 'act') upon filing application before the Collector, Kolhapur, alleging that out of seven members of the Gram Panchayat, the Respondents herein (5 members) have incurred disqualification within the meaning of Section 14 (h) of the Act on the ground that they were defaulters. Along with the application dated 17/12/2001, the Petitioner enclosed the Certificate issued by the Gram Sevak dated 13/12/2001 to buttress the fact that demand regarding the dues payable to the gram Panchayat was made between 25th and 28/07/2001 on the concerned, but they failed to pay the amount till the issuance of the said certificate on 13/12/2001. According to the Petitioner, the Bills of demand in respect of Grarn Panchayat Tax as contemplated under Section 129 (1) of the Act, were issued and also served on the respective respondents on the same day by hand as per the following table: date bill No. Book No. Amount property No. Owner 25-7-01 70 1 250/-197 father of Respt. No. 2 26-7-01 94 1 622/-138 resp. No. l- Self Mother of Respt. No. 1 26-7-01 18- 1 260/-173 husband of respt. No. 4 26-7-01 33 2 328/-204/1 respt. No. 5-Self 28-7-01 76 2 230/-267 father of respt. No. 3. Besides the said Certificate, the application also encloses the relevant provisions of the Act, under which, the action was to be taken against the respondents.