Case Note & Summary
The petitioner, Nikhil Uttam Undre, was elected as a member and Sarpanch of Manjri (Khurd) village panchayat in 2021. Respondent No. 6 filed a dispute application before the District Collector under section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959, alleging that the petitioner had incurred disqualification by encroaching on government Gaothan land bearing property No. 553. The petitioner denied the allegation, stating that the property was held by his uncle, Sahebrao Undre, and that he had no concern with it. The District Collector dismissed the application on 25th February 2022, holding that the petitioner had not personally encroached. Respondent No. 5 appealed to the Additional Divisional Commissioner, who allowed the appeal on 28th September 2022, declaring the petitioner disqualified. The petitioner then filed a writ petition under Article 227 of the Constitution. The legal issue was whether a member can be disqualified for encroachment by a family member. The petitioner argued that the provision requires personal encroachment, while the respondents contended that the petitioner's family members' encroachment was sufficient. The court analyzed section 14(1)(j-3) and held that the provision is penal and must be strictly construed; the words 'has encroached' refer to the member's own act. Since the encroachment was by the petitioner's uncle, not the petitioner, the disqualification could not be sustained. The court allowed the petition, quashed the Commissioner's order, and restored the Collector's order.
Headnote
A) Panchayat Law - Disqualification of Member - Section 14(1)(j-3) Maharashtra Village Panchayats Act, 1959 - Encroachment by Family Member - The issue was whether the petitioner, a sarpanch, incurred disqualification due to encroachment by his uncle on Gaothan land. The court held that disqualification under section 14(1)(j-3) requires the member to personally commit encroachment; vicarious liability for acts of family members is not contemplated. The order of the Additional Divisional Commissioner was set aside. (Paras 1-10) B) Interpretation of Statutes - Penal Provision - Strict Construction - Section 14(1)(j-3) Maharashtra Village Panchayats Act, 1959 - The court held that provisions imposing disqualification are penal in nature and must be strictly construed. The expression 'has encroached' in section 14(1)(j-3) refers to the member's own act, not that of relatives. (Paras 8-10)
Issue of Consideration
Whether a member of a village panchayat can be disqualified under section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959 for encroachment committed by a family member on government land, without any personal involvement.
Final Decision
The petition is allowed. The judgment and order dated 28th September 2022 passed by the Additional Divisional Commissioner, Pune in Gram Panchayat Appeal No. 5/2022 is quashed and set aside. The order dated 25th February 2022 passed by the District Collector, Pune in Gram Panchayat Dispute No. 207 of 2021 is restored. Rule is made absolute accordingly.
Law Points
- Disqualification under section 14(1)(j-3) of the Maharashtra Village Panchayats Act
- 1959 requires personal encroachment by the member
- not by family members
- Strict construction of penal disqualification provisions
- No vicarious liability for family members' acts
