Case Note & Summary
The petitioner, Sunita Pandalwad, was elected as a member of Grampanchayat Bori (Kh.) in March 2021 and later became Sarpanch. Respondent No. 5 filed a dispute under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959, alleging that the petitioner's house was constructed on excessive area, encroaching on government/public land. The Collector, after calling for a report from the Block Development Officer (BDO), held that there was no sufficient material to prove encroachment and dismissed the dispute. Respondent No. 5 appealed to the Additional Divisional Commissioner, who set aside the Collector's order and declared the petitioner disqualified. The petitioner challenged this before the High Court. The High Court examined the inspection report submitted by the Deputy Engineer of Zilla Parishad, which indicated excess construction on government land. The Court held that the report constituted sufficient material to establish encroachment, and the Additional Divisional Commissioner was justified in reappreciating the evidence and reversing the Collector's finding. The Court dismissed the writ petition, upholding the disqualification.
Headnote
A) Panchayati Raj - Disqualification of Member - Encroachment on Government Land - Section 14(1)(j-3) of Maharashtra Village Panchayats Act, 1959 - The petitioner, a Sarpanch, was disqualified by the Additional Divisional Commissioner for encroaching on government land by constructing a house on excess area. The Collector had earlier held no disqualification due to insufficient material. The High Court upheld the disqualification, holding that the inspection report by the Deputy Engineer constituted sufficient material to prove encroachment, and the appellate authority could reappreciate evidence. (Paras 2-8)
B) Evidence - Appreciation by Appellate Authority - Sufficiency of Material - Section 14(1)(j-3) of Maharashtra Village Panchayats Act, 1959 - The appellate authority (Additional Divisional Commissioner) is not bound by the Collector's finding on sufficiency of material and can independently assess evidence. The inspection report by a competent authority (Deputy Engineer) is reliable and can form the basis for disqualification. (Paras 5-8)
Issue of Consideration
Whether the Additional Divisional Commissioner was justified in setting aside the Collector's order and disqualifying the petitioner under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959, on the ground of encroachment on government/public land.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Additional Divisional Commissioner disqualifying the petitioner 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 on government/public land
- Sufficiency of material for disqualification
- Appellate authority's power to reappreciate evidence
Case Details
2023 LawText (BOM) (08) 14
WRIT PETITION NO. 8956 OF 2023
Mr. H.I.Pathan, Mr. K.B.Jadhavar, Mr. S.B. Pulkundwar, Mr. J.M. Kurkute
Sunita w/o Ramkrushna Pandalwad
The State of Maharashtra and Others
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Nature of Litigation
Writ petition challenging disqualification of a Sarpanch under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959.
Remedy Sought
Petitioner sought quashing of the order of the Additional Divisional Commissioner disqualifying her as a member of Grampanchayat.
Filing Reason
Petitioner was declared disqualified by the Additional Divisional Commissioner on the ground of encroachment on government/public land, setting aside the Collector's order that had held no disqualification.
Previous Decisions
Collector, Nanded, held that there was no sufficient material to prove encroachment and dismissed the dispute. Additional Divisional Commissioner reversed this and disqualified the petitioner.
Issues
Whether the Additional Divisional Commissioner was justified in setting aside the Collector's order and disqualifying the petitioner under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959, on the ground of encroachment on government/public land.
Submissions/Arguments
Petitioner argued that there was no sufficient material to prove encroachment and the Collector had correctly dismissed the dispute.
Respondent No. 5 argued that the inspection report by the Deputy Engineer clearly showed excess construction on government land, justifying disqualification.
Ratio Decidendi
The inspection report by the Deputy Engineer of Zilla Parishad constitutes sufficient material to prove encroachment on government/public land under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959. The appellate authority can reappreciate evidence and set aside the Collector's finding if the material supports disqualification.
Judgment Excerpts
The petitioner before this Court is an unsuccessful member of the Grampanchyat, who is declared as disqualified by Respondent No. 2, the Additional Divisional Commissioner, Aurangabad by setting aside the judgment and order passed by Respondent No. 3, the Collector, Nanded, by which the Collector had held that the Petitioner is not disqualified as there is no sufficient material to hold that the Petitioner or his family members have encroached upon the Government/public land.
It is specific say of the Petitioner that the report of the Deputy Engineer is not sufficient to hold that there is encroachment. However, the Additional Divisional Commissioner has considered the report and held that there is encroachment.
Procedural History
Respondent No. 5 filed a dispute under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1959, before the Collector. The Collector dismissed the dispute on 28.03.2022. Respondent No. 5 appealed to the Additional Divisional Commissioner, who allowed the appeal and disqualified the petitioner. The petitioner then filed the present writ petition before the High Court.
Acts & Sections
- Maharashtra Village Panchayats Act, 1959: Section 14(1)(j-3)
