Case Note & Summary
The petitioner, Sau. Seema w/o Ramesh Khule, was elected as Sarpanch of Gram Panchayat Gawandgaon in October 2017. Respondent No.4, Nandu s/o Bhikaji Dakhore, filed an application before the Collector, Akola, on 07/12/2017, alleging that the petitioner and her husband had encroached upon Government land by constructing a house on open land in the layout of Pandit Nehru Backward Class Housing Society. The Collector disqualified the petitioner under Section 14(1)(j-3) of the Maharashtra Village Panchayat Act, 1959, which disqualifies a person who has encroached upon Government land. The petitioner appealed to the Divisional Commissioner, Amravati, who dismissed the appeal. The petitioner then filed a writ petition before the Bombay High Court, Nagpur Bench. The High Court examined the definition of 'Government land' under Section 2(13) of the Maharashtra Land Revenue Code, 1966, which defines it as land vested in or owned by the State Government. The Court found that the land in question had been allotted to the Pandit Nehru Backward Class Housing Society, and therefore ceased to be Government land. The Court noted that the Gram Panchayat record showed the petitioner's name in respect of the land, and the respondent failed to produce any revenue record showing the land as Government land. The Court held that the disqualification provision must be strictly construed and that the burden of proof lay on the respondent, which was not discharged. The Court allowed the petition, quashed the orders of the Collector and Commissioner, and directed that the petitioner be allowed to continue as Sarpanch.
Headnote
A) Panchayat Law - Disqualification of Sarpanch - Encroachment on Government Land - Section 14(1)(j-3) Maharashtra Village Panchayat Act, 1959 - The petitioner, a Sarpanch, was disqualified for allegedly encroaching on land belonging to a cooperative housing society. The Court held that the land, having been allotted to the society, ceased to be 'Government land' as defined under Section 2(13) of the Maharashtra Land Revenue Code, 1966. The disqualification provision applies only to encroachment on land owned by the Government, not land owned by a society. The Collector and Commissioner erred in holding otherwise. (Paras 1-18) B) Evidence - Burden of Proof - Disqualification Proceedings - The burden to prove that the land was Government land lay on the respondent who alleged disqualification. The respondent failed to produce any revenue record showing the land as Government land. The Court noted that the Gram Panchayat record showed the petitioner's name in respect of the land, and the society had been allotted the land. (Paras 10-15) C) Interpretation of Statutes - Strict Construction of Disqualification Provisions - Section 14(1)(j-3) Maharashtra Village Panchayat Act, 1959 - Disqualification provisions must be strictly construed. The expression 'Government land' must be given the meaning assigned under the Maharashtra Land Revenue Code, 1966. Land allotted to a cooperative society is not Government land. (Paras 12-16)
Issue of Consideration
Whether the petitioner incurred disqualification under Section 14(1)(j-3) of the Maharashtra Village Panchayat Act, 1959 for encroaching upon Government land, when the land in question was allotted to a cooperative housing society.
Final Decision
The writ petition is allowed. The impugned order dated 28/02/2019 passed by the Divisional Commissioner, Amravati Division, Amravati and the order dated 30/08/2018 passed by the Collector, Akola are quashed and set aside. The petitioner is entitled to continue as Sarpanch of Gram Panchayat Gawandgaon.
Law Points
- Disqualification under Section 14(1)(j-3) of Maharashtra Village Panchayat Act
- 1959 requires encroachment on 'Government land' as defined under Section 2(13) of Maharashtra Land Revenue Code
- 1966
- land allotted to a cooperative housing society ceases to be Government land
- burden of proof lies on the person alleging disqualification.
