(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Writ Petition No. 3294 of 2009 Vinod s/o. Dnyandeo Shinde. .. Petitioner. versus The State of Maharashtra, through the Secretary, Rural Development Department, & 7 others. .. Respondents. .................. Mr. D.J. Choudhari, Advocate, for the petitioner (Absent). Mr. P.M. Shinde, Assistant Government Pleader, for respondent nos.1 and 2. .................. CORAM : B.R. GAVAI, J. DATE : 22ND JUNE 2009. COURT’S ORDER : 1. None for the petitioner. 2. Perused the petition. 3. The present petition challenges the order dated 3rd July (2) 2008, passed by the respondent no.2 i.e. Divisional Commissioner, Aurangabad, in Case No. DB/Desk-2/ZPVP/Application/CR-108/07, thereby rejecting the application filed by the present petitioner for disqualifying the respondent no.7. 4. The respondent no.2 has found that the Sarpanch or Upa- Sarpanch cannot be disqualified for the alleged misconduct in the previous term. It has further been found that the proceedings for disqualification cannot be carried out unless the Chief Executive Officer gives sufficient opportunity to the delinquent to show cause against the charges which are sought to be used against the delinquent. 5. No perversity could be found with the approach adopted by the respondent no.2, so as to warrant interference in exercise of extraordinary jurisdiction of this court under Article 227 of the Constitution of India. 6. The petition is, therefore, dismissed. ( B.R. GAVAI ) JUDGE ...................... bgp/wp3294