Manik Govardhan Kothawale v. The Additional Divisional Commissioner And Others

1 W.P.4967.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4967 OF 2015 Ananta Nanasaheb Langde ...PETITIONER versus The Additional Divisional Commissioner and others ...RESPONDENTS ...

WITH WRIT PETITION NO. 4968 OF 2015 Sojar Uttam Kale ...PETITIONER versus The Additional Divisional Commissioner and others ...RESPONDENTS ...

WITH WRIT PETITION NO. 4969 OF 2015 Vijaimala Dagdu Waghmare ...PETITIONER versus The Additional Divisional Commissioner and others ...RESPONDENTS ....

WITH WRIT PETITION NO. 4970 OF 2015 Manik Govardhan Kotawale ...PETITIONER versus The Additional Divisional Commissioner and others ...RESPONDENTS

2 W.P.4967.15 WITH WRIT PETITION NO. 4971 OF 2015 Daivshala Jagannath Kothawale ...PETITIONER versus The Additional Divisional Commissioner and others ...RESPONDENTS ...

WITH WRIT PETITION NO. 4972 OF 2015 Parubai Tulshiram Waghmare ...PETITIONER versus The Additional Divisional Commissioner and others ...RESPONDENTS WITH WRIT PETITION NO. 4973 OF 2015 Ashok Bhimrao Shinde ...PETITIONER versus The Additional Divisional Commissioner and others ...RESPONDENTS .....

Mr. M.P. Gitte, Advocate for Petitioners Mr. S.P. Daund, A.G.P. Respondents No. 1 and 2 Mr. P.P. More, Advocate for respondent No. 3 .....

CORAM : SUNIL P. DESHMUKH, J.

DATED : 28th AUGUST, 2015 Order :- 1.

Petitioners purport to take exception to the concurrent findings recorded against them by the Additional Collector, Osmanabad and Additional Commissioner, Aurangabad Division, Aurangabad in appeals

3 W.P.4967.15 with reference to section 16 (2) of the Maharashtra Village Panchayats Act, 1958 ( hereinafter referred to as " Panchayats Act " ) in the disqualification proceedings against the petitioners, which having been incurred with reference to Section 14 (1) (j-5) of the Panchayats Act. " 14. Disqualifications [ (1) No person shall be a member of a Panchayat continue as such, who (j-4) .....

(j-5) fails to submit a certificate of the concerned panchayat, along with resolution of the Gram Sabha certifying that,- ( i ) He resides in a house owned by him and has a toilet in such house and he regularly uses such toilet; or (ii) he resides in a house not owned by him and has a toilet in such house and he regularly uses if or he has no such toilet but regularly uses the public toilet.

2.

Upon perusal of the impugned judgments and orders, it appears that petitioners have not been able to justify as to how they can be deemed not to be disqualified, for, position on record clearly emerges that the petitioners had not been able to support their claim with production of requisite resolutions of Gram Sabhas as referred in aforesaid provision. The Additional Collector, Osmanabad and Additional Commissioner, Aurangabad Division Aurangabad have referred to the decision of this court, wherein it has been observed

4 W.P.4967.15 that, compliance of requirement of section 14 of the Panchayats Act is necessary.

3.

In view of the same, the judgments and orders impugned do not suffer any infirmity, writ petitions, as such, lack merit and stand rejected and disposed of accordingly.

Sd/- ( SUNIL P. DESHMUKH, J. ) MTK