NITESH S/O SHIVAJI INGLE Vs. DIVISIONAL COMMISSIONER, CHHATRAPATI SAMBHAJINAGAR DIVISION

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent of parties, matter is taken up for final hearing at the admission stage.

(2.) The petitioner impugns order dtd. 11/9/2025 passed by Divisional Commissioner, Chhatrapati Sambhajinagar in Case No.2025/Gram Panchayat/Appeal-2/CR-60, thereby upholding order dtd. 15/7/2025 passed by District Collector in File No.2021/GA/GPE/Ka-1/Kavi-379, whereby petitioner has been disqualified being member of Village Panchayat under Sec. 14(J-1) r/w. 16(2) of Maharashtra Village Panchayat Act, 1958 (for short 'MVP Act').

(3.) On 15/1/2021, petitioner is elected as member of Village Panchayat, Bembli, Tq. and Dist. Dharashiv. Later on, he was elected as Upsarpanch. The respondent no.3 initiated proceeding for disqualification of petitioner in terms of Sec. 14(1)(J-2) r/w. 16(2) of MVP Act before District Collector, Dharashiv. It is alleged that petitioner has more than two children born after cut off date. It is pleaded that petitioner has daughter namely Shreya Nitesh Ingle and two sons namely Harsh Nitesh Ingle and Raj Nitesh Ingle. All of them are students. The District Collector caused enquiry into matter and finally concluded that petitioner incurred disqualification. The petitioner assailed aforesaid order before Divisional Commissioner at Chhatrapati Sambhajinagar, who pleased to uphold order of disqualification passed by District Collector.