Case Note & Summary
The petitioner, Abasaheb Anandrao Tambe, a resident and voter of Village Pimple-Jagtap, filed a dispute application before the District Collector, Pune, seeking disqualification of Respondent No.1, Kunal Arun Bendbhar, a newly elected member of the Village Panchayat from Ward No.2. The petitioner alleged that Respondent No.1's father, Arun Bendbhar, had encroached upon gairan land bearing Gat No.420 Hissa No.1 and erected an unauthorized construction admeasuring 32 x 29 ft, and that Respondent No.1 was in occupation and enjoyment of the encroached portion. The District Collector, after considering the Circle Officer's report and assessment list, found that the father had encroached and, applying the ratio in Janabai v. Additional Commissioner, disqualified Respondent No.1 under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959. Respondent No.1 appealed to the Additional Divisional Commissioner, Pune, who allowed the appeal and set aside the disqualification, holding that Respondent No.1 was not a family member of his father based on a ration card and gas connection, and that the encroachment was not proved. The petitioner then filed the present writ petition under Article 227 of the Constitution. The High Court examined the evidence, including the Circle Officer's report and the assessment list, and found that the encroachment by the father was established. The court noted that the ration card relied upon by the appellate authority was issued after the election and did not reflect the family composition at the relevant time, and the gas connection did not prove separation. The court held that the appellate authority had ignored material evidence and misapplied the law, leading to a perverse order. Consequently, the High Court allowed the writ petition, set aside the order of the Additional Divisional Commissioner, and restored the order of the District Collector disqualifying Respondent No.1.
Headnote
A) Constitutional Law - Article 227 - Scope of Supervisory Jurisdiction - High Court's power to interfere with findings of fact - The High Court under Article 227 can interfere if the subordinate tribunal has acted without jurisdiction, exceeded its jurisdiction, or committed a manifest error of law leading to perversity. In this case, the Additional Divisional Commissioner's order was set aside as it ignored material evidence and misapplied the law. (Paras 1, 18) B) Village Panchayat Act - Disqualification - Section 14(1)(j-3) - Encroachment by family member - The disqualification under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959 applies when the member or his family member has encroached upon government land. The court held that the father of the respondent, being a family member, had encroached, and the respondent was liable. (Paras 2.5, 16) C) Evidence - Appreciation - Joint Family - Ration card and gas connection - The appellate authority erred in relying on a ration card and gas connection to conclude that the respondent was not a family member of his father, ignoring the fact that the ration card was issued after the election and the gas connection did not prove separation. The court held that the respondent continued to be a family member. (Paras 14-15)
Issue of Consideration
Whether the Additional Divisional Commissioner was justified in setting aside the disqualification of Respondent No.1 under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959, despite evidence of encroachment by his father and the joint family status.
Final Decision
The High Court allowed the writ petition, set aside the order of the Additional Divisional Commissioner dated 23 June 2022, and restored the order of the District Collector dated 1 December 2021 disqualifying Respondent No.1 under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959.
Law Points
- Disqualification under Section 14(1)(j-3) of Maharashtra Village Panchayats Act
- 1959
- Encroachment by family member
- Joint family liability
- Scope of Article 227
- Appellate authority's duty to consider evidence
