SONAL Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Civil Application has been tendered across the bar for passing appropriate orders on the ground that election to the post of Sarpanch is to be held on 31/07/2023 at 2:00 p.m. and therefore, the same needs to be stayed. Office to register the civil application.

(2.) Notices were issued on 02/06/2023 on the petition. The respondent nos.3 and 6 are yet to be served. Assistant Government Pleader Mr. N.R. Patil appears for the respondent nos.1, 2, 4 and 5.

(3.) The petition questions the order dtd. 10/05/2022, passed by the learned Collector (pg.35), whereby the petitioner no.1, who was elected as a Sarpanch of Grampanchayat Mahalungi Tah. Arni, Distt. Yavatmal was disqualified on account of her father-in-law having found to have encroached on Government land. This finding has been confirmed by the Commissioner by his order dtd. 23/05/2023 dismissing the appeal. It is contended by Mr. Dhengale, learned counsel for the petitioners, that the petitioner was residing separately from her father-in-law, on account of which, her disqualification could not be sustained. When a query was put as to what documents were filed to indicate a separate residence, he candidly admits that there was no such document placed on record.