Case Note & Summary
The petitioner, Swati Sachin Balge, was an elected member of the Village Panchayat, Tajnapur. Respondent No.1, Appasaheb Kisan Veer, applied under Sections 14(1)(j-3) and 16 of the Maharashtra Village Panchayats Act to declare her disqualified on the ground that she encroached upon government land. The Collector directed the Village Development Officer (VDO) to submit a factual report. The VDO inspected the spot and submitted a report on 25.01.2022. Respondent No.1 alleged that the petitioner resided with her father-in-law and husband in a house constructed on encroached government land, property No.203. It was also alleged that after the inspection, an illegal resolution was passed transferring house No.203 in the name of Subhadra Navnath Khedkar, which was invalid without the Chief Executive Officer's approval under Section 56(2) of the Act. The petitioner's counsel argued that the spot inspection report was vague and did not clearly state that the petitioner and her husband were residing in that house at the time of inspection. No notice was given before the inspection. The court examined the report and found it lacking in clarity. The court held that the report did not establish that the petitioner resided on encroached government land. Consequently, the disqualification was not sustainable. The court allowed the writ petition, quashed the disqualification, and set aside the Collector's order.
Headnote
A) Panchayat Law - Disqualification of Member - Encroachment on Government Land - Sections 14(1)(j-3) and 16 of Maharashtra Village Panchayats Act - The petitioner, an elected member of Village Panchayat, was sought to be disqualified on the ground that she resided with her husband and father-in-law in a house constructed on encroached government land. The Collector relied on a spot inspection report by the Village Development Officer. The court held that the report was vague and did not clearly state that the petitioner resided there at the time of inspection. Also, no notice was given to the petitioner before inspection. The disqualification was quashed. (Paras 2-4)
Issue of Consideration
Whether the petitioner was disqualified under Sections 14(1)(j-3) and 16 of the Maharashtra Village Panchayats Act for residing on encroached government land.
Final Decision
The court allowed the writ petition, quashed the disqualification of the petitioner, and set aside the Collector's order. Rule made absolute.
Law Points
- Disqualification of elected member
- Encroachment on government land
- Burden of proof
- Spot inspection report
- Notice requirement
- Section 14(1)(j-3) Maharashtra Village Panchayats Act
- Section 16 Maharashtra Village Panchayats Act
