LAWS(BOM)-2023-6-202

NIKHIL UTTAM UNDRE Vs. STATE OF MAHARASHTRA

Decided On June 05, 2023
Nikhil Uttam Undre Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the parties, heard finally at the stage of admission.

(2.) This petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of the judgment and order dtd. 28/9/2022 passed by the Additional Divisional Commissioner, Pune in Gram Panchayat Appeal No. 5/2022 whereby the appeal preferred by respondent No. 5 under Sec. 16(2) of the Maharashtra Village Panchayats Act, 1959 (the Act, 1959) came to be allowed by setting aside the order passed by the District Collector in Gram Panchayat Dispute No. 207 of 2021 dtd. 25/2/2022, and thereby declaring that the petitioner incurred disqualification to continue as a member of village panchayat, Manjri (Khurd), Tal. Haveli, District Pune under the provisions of Sec. 14(1)(j-3) of the Act, 1959.

(3.) The background facts leading to this petition can be stated as under:-