Case Note & Summary
The petitioner, Sau. Savitabai Sanjay Meshram, was elected as Sarpanch of Grampanchayat Ashtgaon in 2007 on a seat reserved for Scheduled Caste woman. Respondent No.1, Arvind Bhimraoji Mhala, filed an application under Section 14(1)(j3) of the Bombay Village Panchayat Act, 1958 seeking her disqualification on the ground that her husband had encroached upon Field Survey No. 28, which was 'EClass' government land. The Additional Collector, Amravati, by order dated 6/7/2009, allowed the application and disqualified the petitioner. The petitioner appealed to the Additional Commissioner, Amravati, who by order dated 31/01/2011 rejected the appeal and confirmed the disqualification. Aggrieved, the petitioner filed the present writ petition under Articles 226 and 227 of the Constitution of India. The High Court noted that the Tahsildar, Morshi, had already decided the encroachment complaint against the husband on 23/03/2009, and the husband's appeal under Section 247 of the Maharashtra Land Revenue Code, 1966 was rejected by the Sub-Divisional Officer on 27/01/2010. The court held that the concurrent findings of fact by the Additional Collector and Additional Commissioner were based on evidence and did not suffer from any perversity or jurisdictional error. The court observed that the petitioner had not challenged the order of the Tahsildar or the Sub-Divisional Officer, and the encroachment by the husband was established. Accordingly, the writ petition was dismissed, and the disqualification of the petitioner as Sarpanch was upheld.
Headnote
A) Bombay Village Panchayat Act - Disqualification of Sarpanch - Section 14(1)(j3) - Encroachment on Government Land - The petitioner, a Sarpanch elected from a seat reserved for Scheduled Caste woman, was disqualified under Section 14(1)(j3) of the Bombay Village Panchayat Act, 1958 on the ground that her husband had encroached upon Field Survey No. 28, which was 'EClass' government land. The Additional Collector and Additional Commissioner concurrently held that the encroachment by the husband disqualified the petitioner. The High Court, in writ jurisdiction under Articles 226 and 227, declined to interfere with the concurrent findings, holding that the disqualification was valid and the petitioner had not made out any case for interference. (Paras 1-6)
Issue of Consideration
Whether the petitioner, a Sarpanch, is liable to be disqualified under Section 14(1)(j3) of the Bombay Village Panchayat Act, 1958 on the ground that her husband had encroached upon government land (Field Survey No. 28), and whether the concurrent findings of the Additional Collector and Additional Commissioner are sustainable in law.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Additional Commissioner dated 31/01/2011 and the order of the Additional Collector dated 6/7/2009, thereby confirming the disqualification of the petitioner as Sarpanch.
Law Points
- Disqualification under Section 14(1)(j3) of Bombay Village Panchayat Act
- 1958
- Encroachment on government land
- Vicarious liability of elected member for spouse's encroachment
- Scope of Articles 226 and 227 of Constitution of India
Case Details
2011 LawText (BOM) (06) 154
Writ Petition No. 684 of 2011
Smt. S.W. Deshpande for petitioner, Mr. P.S. Patil for respondent no.1, Smt. Taywade, AGP for respondent no.3
Sau. Savitabai Sanjay Meshram
Arvind Bhimraoji Mhala, Secretary, Grampanchayat Ashtgaon, Additional Collector Amravati
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Additional Commissioner confirming the disqualification of the petitioner as Sarpanch under Section 14(1)(j3) of the Bombay Village Panchayat Act, 1958.
Remedy Sought
The petitioner sought quashing of the order dated 31/01/2011 passed by the Additional Commissioner, Amravati, and the order dated 6/7/2009 passed by the Additional Collector, Amravati, disqualifying her as Sarpanch.
Filing Reason
The petitioner was disqualified as Sarpanch on the ground that her husband had encroached upon Field Survey No. 28, which was 'EClass' government land, invoking Section 14(1)(j3) of the Bombay Village Panchayat Act, 1958.
Previous Decisions
The Additional Collector, Amravati, by order dated 6/7/2009, allowed the application under Section 14(1)(j3) and disqualified the petitioner. The Additional Commissioner, Amravati, by order dated 31/01/2011, rejected the petitioner's appeal and confirmed the disqualification.
Issues
Whether the petitioner is disqualified under Section 14(1)(j3) of the Bombay Village Panchayat Act, 1958 due to her husband's encroachment on government land.
Whether the concurrent findings of the Additional Collector and Additional Commissioner are liable to be interfered with under Articles 226 and 227 of the Constitution of India.
Submissions/Arguments
The petitioner argued that the orders of the Additional Collector and Additional Commissioner were erroneous and without jurisdiction.
The respondents supported the orders, contending that the encroachment by the husband was established and the disqualification was valid.
Ratio Decidendi
The disqualification under Section 14(1)(j3) of the Bombay Village Panchayat Act, 1958 is attracted when the husband of a Sarpanch encroaches upon government land. The concurrent findings of fact by the Additional Collector and Additional Commissioner, based on evidence, are not liable to be interfered with under Articles 226 and 227 of the Constitution of India unless they suffer from perversity or jurisdictional error.
Judgment Excerpts
The petitioner has filed the above petition under Articles 226 and 227 of the Constitution of India challenging the order dated 31/01/2011 passed by the Additional Commissioner, Amravati, by which order the Appeal filed by the petitioner came to be rejected and thereby the order dated 6/7/2009 passed by the Additional Collector in Application being No.16/Ashtgaon/14(1)(j3) of the Bombay Village Panchayat Act, 1958 came to be confirmed.
The petitioner contested the elections held to the Grampanchayat Ashtgaon in the year 2007 and was elected as a Sarpanch on the post reserved for Scheduled Caste woman.
The respondent no.1 filed an application invoking Section 14(1)(j3) of the Bombay Village Panchayat Act against the petitioner seeking her disqualification on the ground that the husband of the petitioner is an encroacher of Field Survey No. 28 being 'EClass' land.
By order dated 23/03/2009, the Tahsildar, Morshi decided the said complaint of encroachment against the husband of the petitioner.
The husband of the petitioner on filed an appeal on 5/5/2009 under Section 247 of the Maharashtra Land Revenue Code, 1966 before the Sub-Divisional Officer, Morshi, which was registered as Revenue Appeal being No.LEN39/Ashtgaon/2009/2010. By order dated 27/1/2010, the Sub Divisional Officer rejected the Appeal filed by the husband of the petitioner.
Procedural History
The respondent no.1 filed an application under Section 14(1)(j3) of the Bombay Village Panchayat Act, 1958 before the Additional Collector, Amravati, seeking disqualification of the petitioner. The Additional Collector allowed the application by order dated 6/7/2009, disqualifying the petitioner. The petitioner appealed to the Additional Commissioner, Amravati, who rejected the appeal by order dated 31/01/2011. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Nagpur Bench.
Acts & Sections
- Bombay Village Panchayat Act, 1958: Section 14(1)(j3)
- Maharashtra Land Revenue Code, 1966: Section 247
- Constitution of India: Articles 226, 227
