Case Note & Summary
The petitioner, Shaikh Wahed Yakub, was elected as a member of Village Panchayat Chitegaon and subsequently became its Sarpanch in June 2021. Respondent Nos. 2 and 3 filed a dispute before the Collector, Aurangabad, under Sections 14(j-3) and 16 of the Maharashtra Village Panchayats Act, 1959, seeking his disqualification on the ground that he had made encroachment over government land. The specific grievance was that a complaint by one Shaikh Akbar Miya on 14/02/2019 alleged that the petitioner had constructed on a drainage line where a common toilet was to be built. A report dated 29.05.2019 declared the petitioner had made encroachment, and the Block Development Officer on 26.03.2019 directed removal of the encroachment. The petitioner appeared before the Collector and requested framing of a preliminary issue on maintainability, citing the Supreme Court judgment in State of Himachal Pradesh and others Vs. Surinder Singh Banolta. The Collector, however, rejected the request and proceeded with the matter. The petitioner then filed the present writ petition. The court heard the parties and observed that the Collector should have framed a preliminary issue on maintainability, especially when the petitioner relied on a Supreme Court judgment. The court directed the Collector to frame and decide the preliminary issue within four weeks, and stayed further proceedings until then. The writ petition was disposed of accordingly.
Headnote
A) Panchayat Law - Disqualification Proceedings - Maintainability - Preliminary Issue - Sections 14(j-3), 16, Maharashtra Village Panchayats Act, 1959 - The petitioner, elected Sarpanch, challenged the maintainability of disqualification proceedings initiated by respondents alleging encroachment on government land. The court held that the Collector ought to have framed a preliminary issue on maintainability, especially when the petitioner relied on a Supreme Court judgment. The court directed the Collector to decide the preliminary issue within four weeks. (Paras 1-6)
Issue of Consideration
Whether the Collector should have framed a preliminary issue regarding the maintainability of the disqualification proceedings before proceeding further.
Final Decision
The writ petition is allowed. The order of the Collector dated 16.12.2021 is set aside. The Collector is directed to frame a preliminary issue regarding maintainability and decide it within four weeks. Further proceedings in the disqualification matter are stayed until then.
Law Points
- Maintainability of disqualification proceedings
- Preliminary issue framing
- Section 14(j-3) and Section 16 of Maharashtra Village Panchayats Act
- 1959
- Encroachment as disqualification ground
