JYOTITAI VIKAS GAWANDE Vs. ADDITIONAL COMMISSIONER AMRAVATI DIVISION

JUDGEMENT

(1.) Heard Shri P. C. Madkholkar, Advocate for petitioner, Shri A. S. Sonare, A.G.P. for respondent No. 1 and 2 and Shri S. D. Chopde, for respondent No. 3 Rule. Made returnable forthwith. Heard with consent of parties.

(2.) By this petition, the petitioner-Sarpanch of Gram Panchayat, Sirso, district : Akola is challenging the order passed by the Additional Commissioner, Amravati Division, Amravati in Appeal No. 53/BVP Act 16(2)/2007-2008 of Sirso, arising out the order passed by the Additional Collector, Akola in Case No. Bombay Village Panchayats Act, 1958 section 14(l)(g) Sirso/55/2007-2008. Additional Collector by his order dated 4-7-2008 had held that there was enough material to disqualify the petitioner under section 14(l)(g) of the Bombay Village Panchayats Act. The petitioner challenged that order before the Commissioner Amravati Division, Amravati. Learned Additional Commissioner, Amravati Division, Amravati dismissed the appeal of the petitioner under section 16(2) of the Bombay Village Panchayats Act by order dated 28-11-2008, against which this petition is preferred.

(3.) Learned A.G.P. has supported the impugned orders contending that the husband of the petitioner should not have withdrawn the amounts which were required to be withdrawn by the Secretary of the Gram Panchayat to be spent by him. Therefore, according to him, there was interest created by the husband of the petitioner in the working and administration of the Gram Panchayat and therefore, the petitioner was rightly disqualified under section 14(l)(g) of the Bombay Village Panchayats Act.