ROHAN VISHWANATH KHEDEKAR Vs. DEVGAD JAMSANDE NAGARPANCHAYAT

JUDGEMENT

(1.) Rule. Mr. Sakhare, learned senior counsel waives service for Respondent No. 1. Mr. Salunke waives service for Respondent No. 2 and Mr. Patel waives service for Respondent No. 3. Rule is made returnable forthwith. By consent of the parties, Writ Petition is disposed of finally.

(2.) By this Petition under Article 226 of the Constitution of India, Petitioner has impugned the order dtd. 11/4/2023 passed by Respondent No. 3-Collector thereby allowing Complaint filed by Respondent No. 2 disqualifying the Petitioner as the Municipal Councillor of the Respondent No. 1 Devgad Jamsande Nagarpanchayat. Petitioner has also prayed for quashing and setting aside order dtd. 31/3/2023 thereby rejecting the Application dtd. 28/3/2023 preferred by the Petitioner in Disqualification Application No. 3 of 2022 for cross-examination.

(3.) It is the case of the Petitioner that brother of the Petitioner viz. Umesh Khedekar had entered into Sale Deed in respect of land bearing Survey No. 486, Hissa No. 3/2k/5 with Sachin Bhet. Though the Sale Deed was entered in the name of Umesh Khedekar, the said land was jointly purchased by the Petitioner and his brother with intention to develop the same, according to the Petitioner, there was partition between him and his brother and accordingly the said land was allotted to the share of brother of Petitioner.