Case Note & Summary
The petitioner, Rekha Dadajwar, was the Sarpanch of Dabhad Village Panchayat. She was removed from office under Section 14(1)(J-3) of the Maharashtra Village Panchayat Act, 1958, on allegations that her family had encroached upon 96 sq. ft. of land adjacent to their property, constructing a washroom and compound wall on a public road. The Block Development Officer conducted a measurement and submitted a report, based on which the District Collector declared her disqualified. Her appeal to the Additional Commissioner was dismissed. The petitioner challenged these orders in the Bombay High Court, arguing that no notice of inspection or measurement was served upon her, and she was unaware of the proceedings. The respondents contended that prima facie evidence of encroachment existed and that two concurrent orders supported the disqualification. The court framed the issue of whether prior notice of inspection was obligatory. Relying on the principle of natural justice and the precedent in Sau. Lalita Dilip Khandalkar v. Additional Commissioner, Amravati, 2019 (6) ALL MR 261, the court held that without notice, the proceedings were vitiated. The court set aside the impugned orders and remitted the matter to the District Collector for a fresh inquiry after giving the petitioner an opportunity of hearing and notice of inspection. The writ petition was allowed.
Headnote
A) Panchayat Law - Disqualification of Member - Encroachment - Section 14(1)(J-3) of the Maharashtra Village Panchayat Act, 1958 - Natural Justice - Prior Notice - The petitioner, a Sarpanch, was disqualified based on a report of encroachment by her family on public land. The court held that no notice of inspection or measurement was given to her, violating principles of natural justice. The disqualification order was set aside, and the matter was remitted to the Collector for fresh inquiry after giving notice to the petitioner. (Paras 6-8)
Issue of Consideration
Whether the issuance of inspection and measurement notice upon the petitioner was obligatory before declaring her disqualified under Section 14(1)(J-3) of the Maharashtra Village Panchayat Act, 1958.
Final Decision
The court allowed the writ petition, set aside the impugned orders of the District Collector and Additional Commissioner, and remitted the matter to the District Collector for a fresh inquiry after giving the petitioner an opportunity of hearing and notice of inspection.
Law Points
- Natural justice
- prior notice
- inspection
- measurement
- encroachment
- disqualification
- Sarpanch
- Maharashtra Village Panchayat Act
- 1958
- Section 14(1)(J-3)
