RANIBAI THAKARU JADHAV Vs. TULSHIRAM DHAKU RATHOD

JUDGEMENT

(1.) Rule. Learned counsel appearing for the respondents waive service. Heard forthwith finally.

(2.) By this petition filed under Article 227 of the Constitution of India, the petitioners have impugned the order dated 4 th March, 2017 passed by the learned Divisional Commissioner, Pune in Appeal No.100 of 2016 and the order dated 10th August, 2016 passed by the Collector, Solapur in Village Dispute No. 9 of 2016.

(3.) The petitioners had contested the election for the post of member of Village Panchayat in the year 2015. The petitioners were elected as the members of the Village Panchayat on 3 rd November, 2015. The petitioner no.1 was elected as Sarpanch of the respondent no.2 Village Panchayat. It is the case of the petitioners that though the petitioners had individually filed their accounts of the election expenses with the Tahsildar and had complied with the procedure as contemplated under section 14-B of the Maharashtra Village Panchayat Act, 1958, the respondent no.1 had made a complaint to the Collector alleging that the petitioners had not complied with the mandatory requirement under section 14-B of the Maharashtra Village Panchayat Act, 1958 and thus shall be considered as disqualified. Pursuant to the said complaint, the Collector had directed the Tahsildar to make an enquiry. In the said enquiry, it was found that though the petitioners had submitted their accounts, the same were however not accompanied with the affidavit. Based on the said report, the Collector passed an order of disqualification against all the petitioners. The appeal filed against the said order passed by the Collector came to be dismissed by an order dated 4th March, 2017 by the learned Divisional Commissioner, Pune.