Case Note & Summary
The petitioner, Mahadeo s/o Bhagwat Khatawkar, was the elected Sarpanch of village Ter, Taluka and District Osmanabad. Respondent Nos. 6 and 7 filed a complaint alleging that the petitioner had encroached upon government gairan land bearing Gut No. 1273 and constructed about 700 sq. ft. (64 sq. mtr.) on it. The Collector, Osmanabad, after receiving reports from concerned authorities, passed an order on 22nd September 2018 disqualifying the petitioner from the post of Sarpanch under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act. The petitioner appealed to the Additional Divisional Commissioner, Aurangabad, who dismissed the appeal on 21st January 2019. The petitioner then filed a writ petition before the Bombay High Court challenging both orders. The main legal issue was whether the disqualification was valid when the petitioner was not given an opportunity of hearing before the Collector. The petitioner's counsel argued that the Collector passed the order without hearing the petitioner, violating principles of natural justice. The respondents' counsel argued that the petitioner had participated in the inquiry and was given sufficient opportunity. The High Court examined the record and found that the Collector's order did not mention that any opportunity of hearing was given to the petitioner. The court noted that the Collector merely called for reports and passed the order without hearing the petitioner. The appellate authority also did not rectify this defect. The High Court held that the impugned orders were passed in gross violation of principles of natural justice and set them aside. The court allowed the petition, quashed the orders of the Collector and the Additional Commissioner, and restored the petitioner to the post of Sarpanch. The court also directed that the petitioner be given an opportunity of hearing if fresh proceedings are initiated.
Headnote
A) Constitutional Law - Natural Justice - Right to Hearing - Disqualification of Sarpanch - The Collector passed an order disqualifying the petitioner under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act without affording him an opportunity of hearing. The High Court held that the order was passed in violation of principles of natural justice and set aside the disqualification. (Paras 5-6) B) Local Self-Government - Maharashtra Village Panchayats Act - Section 14(1)(j-3) - Disqualification for Encroachment - The petitioner was alleged to have encroached on government gairan land. The Collector disqualified him without hearing him. The appellate authority also dismissed the appeal. The High Court found that the Collector's order was passed without giving any opportunity of hearing to the petitioner, thus violating natural justice. (Paras 3-6)
Issue of Consideration
Whether the impugned orders disqualifying the petitioner from the post of Sarpanch under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act are sustainable in law, particularly when the petitioner was not given an opportunity of hearing before the Collector passed the disqualification order.
Final Decision
The petition is allowed. The impugned orders dated 22.09.2018 passed by the District Collector, Osmanabad and 21.01.2019 passed by the Additional Divisional Commissioner, Aurangabad are quashed and set aside. The petitioner is restored to the post of Sarpanch. If any fresh proceedings are initiated, the petitioner shall be given an opportunity of hearing. Rule is made absolute in above terms.
Law Points
- Natural Justice
- Right to Hearing
- Disqualification of Sarpanch
- Encroachment on Government Land
- Section 14(1)(j-3) Maharashtra Village Panchayats Act
