Case Note & Summary
The petitioner, Gorakh Baban Zende, a voter from Chikhali village, filed a dispute before the Collector seeking disqualification of respondent No.1, Vaishali Ramdas Zende, an elected member of the Grampanchyat, under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958. The ground was that her father-in-law had encroached upon Grampanchyat land since 1991, and after his death in 1997, her husband continued the encroachment. The Collector, by order dated 21.06.2022, held respondent No.1 disqualified. However, the Additional Commissioner, Nashik, in Grampanchyat Appeal No.91 of 2022, set aside the Collector's order, leading the petitioner to file the present writ petition. The High Court examined the language of Section 14(1)(j-3), which disqualifies a person who has encroached upon any property of the Grampanchyat. The court noted that the provision does not extend to acts of relatives. The court held that the disqualification is personal to the member and cannot be imposed vicariously for encroachment by her father-in-law or husband. The court allowed the writ petition, quashed the Additional Commissioner's order, and restored the Collector's order disqualifying respondent No.1.
Headnote
A) Gram Panchayat - Disqualification of Member - Section 14(1)(j-3) Maharashtra Village Panchayats Act, 1958 - Encroachment by Relative - The petitioner sought disqualification of respondent No.1 on ground that her father-in-law and husband had encroached upon Grampanchyat land. The Collector disqualified her, but the Additional Commissioner set aside the order. The High Court held that the disqualification under Section 14(1)(j-3) applies only if the member herself has encroached upon the land. There is no provision for vicarious liability for acts of relatives. The court allowed the writ petition and restored the Collector's order. (Paras 1-8)
Issue of Consideration
Whether a member of Grampanchyat can be disqualified under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958 on the ground that her father-in-law or husband had encroached upon Grampanchyat land.
Final Decision
The writ petition is allowed. The order dated 21.06.2022 passed by the Collector is restored. The order passed by the Additional Commissioner is quashed and set aside.
Law Points
- Disqualification under Section 14(1)(j-3) of Maharashtra Village Panchayats Act
- 1958 requires personal encroachment by the member
- vicarious liability not applicable
