TAIBAI TULSHIRAM DAMLE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) These three writ petitions are being disposed of finally by common judgment since the the issue involved is the same.

(2.) In election to the Gram Panchayat Kasbegavhan, Tq. Anjangaon (Surji), District : Amravati, the last date of nomination as notified by the Election Officer was 24.3.2005. The taxes were paid by all the petitioners in respect of the houses, in which they were residing or were the owners there of on 24.3.2005 i.e. the last date of nomination. The elections were held and the petitioners were declared elected. Respondent No.4 in these writ petitions filed proceedings under Section 16 of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as an Act) on the ground that the petitioners could not continue as members of Gram Panchayat Kasbegavan, as they were disqualified having been in arrears when they contested and got elected in the election. The Additional Collector held that these petitioners were liable to pay the taxes as they were the members of the Hindu undivided family and had paid taxes on the last date of nomination. He, therefore, disqualified all the petitioners from holding the post of Gram Panchayat, Kasbegavan by allowing the said application under Section 16 of the Act. The petitioners filed appeals before the Additional Commissioner, Amravati Division, Amravati but the appeals were dismissed.

(3.) Learned Counsel for the petitioners in all these writ petitions made the following submissions :