SANJAY KANTILAL THAKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) The petitioner is an elected member of the Grampanchayat Akkalkuwa, who is aggrieved by the judgment of the Additional Commissioner Nashik Division, Nashik, dated 12/06/2018, by which, Appeal No. 14/2018 filed by the petitioner and Respondent No. 6 has been dismissed. The judgment of the District Collector, Nandurbar dated 23/02/2018 dismissing Dispute Application No. 19/2017 seeking disqualification of respondent No.5, has been sustained. As such, the petitioner is aggrieved even by the decision of the District Collector, dated 23/02/2018 refusing to disqualify respondent No. 5 Sarpanch under Section 14(1)(j- 3) of the Maharashtra Village Panchayat Act on the ground of encroachment.

(3.) The learned Advocate for the petitioner has contended that respondent No. 5 has mentioned the name of her husband and her address in her nomination form. As per requirement of law, a declaration is also tendered indicating that the said respondent is using a toilet from a public toilet set-up created in the said village. While tendering the said declaration, the house number is also mentioned.