GOVINDRAO TULSHIRAM WAGHMARE Vs. RANJIT MUKUNDRAO HALSE

JUDGEMENT

(1.) Heard Mr. V.D. Gunale, learned Counsel for the petitioner; Mr. R.K. Ashtekar, learned Counsel for respondent no.1; Mr. V.R. Sonwalkar, learned Counsel for respondent nos.2 and 3; and Mr. K.M. Suryawanshi, learned Assistant Government Pleader, for respondent no.4, at length.

(2.) Rule. The learned Counsel appearing for the respective respondents waive service. At the request and by consent of the parties, Rule is made returnable forthwith and the petition is taken up for final hearing.

(3.) By this petition, under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 22nd April 2013, passed by the Additional Collector, Latur, in the proceedings arising under Sections 7 and 36 of the Maharashtra Village Panchayats Act, 1958 (For short, "the Act"). By that order, the Additional Collector allowed the dispute referred by the 1st respondent and declared that in view of Sections 7 and 36 of the Act, the petitioner has incurred disqualification to continue as Sarpanch of Aurad Shahajani Grampanchayat, Taluka Nilanga, District Latur, (For short, "Panchayat") and declared the post of Sarpanch of the Panchayat as vacant. The relevant and material facts that are necessary for the disposal of the present petition, briefly stated, are as under :