Case Note & Summary
The petitioner, Jaitunabi Shekh Musa, was elected as a member of Gram Panchayat Wara Jahagir, District Washim. Respondent No.3, Taj Kha Bhikan Kha, filed a complaint before the Additional Collector alleging that the petitioner was disqualified under Section 14(1)(j3) of the Bombay Village Panchayats Act on the ground that she had encroached upon government land, being Plot No.585 of the village. In support of his case, the respondent relied on Form No.8 maintained by the Gram Panchayat, a notice issued by the Gram Panchayat to 28 persons, and a resolution of the Gram Panchayat passed in January 2010. The petitioner replied to the complaint and relied on the Property Card in respect of Plot No.562, a certificate showing a change in serial numbers of the property mentioned in Form No.8, and two tax receipts for the years 1999-2000 and 2010-2011 in respect of House No.438 and House No.585. The Additional Collector considered the material and by order dated 24/01/2011 rejected the application, holding that it could not be said that the petitioner had encroached upon Plot No.585. The respondent No.3 appealed to the Additional Commissioner, who by order dated 18/05/2011 allowed the appeal and set aside the Additional Collector's order, thereby disqualifying the petitioner. The petitioner challenged the Additional Commissioner's order by way of a writ petition under Articles 226 and 227 of the Constitution of India. The High Court examined the evidence and found that the Additional Commissioner had erred in reversing the Additional Collector's finding without properly appreciating the documentary evidence produced by the petitioner. The Property Card showed that the petitioner was in possession of Plot No.562, not Plot No.585, and the tax receipts indicated payment of taxes for House No.438 and House No.585, which did not establish encroachment on government land. The court held that the Additional Commissioner's order was perverse and not sustainable. Accordingly, the writ petition was allowed, the order dated 18/05/2011 was quashed and set aside, and the order dated 24/01/2011 passed by the Additional Collector was restored.
Headnote
A) Gram Panchayat Law - Disqualification of Member - Section 14(1)(j3) Bombay Village Panchayats Act - Encroachment on Government Land - The respondent-complainant alleged that the petitioner-member had encroached upon government land (Plot No.585). The Additional Collector rejected the complaint, but the Additional Commissioner allowed the appeal and disqualified the petitioner. The High Court held that the Additional Commissioner erred in reversing the finding without properly appreciating the evidence, including the Property Card showing the petitioner's possession of Plot No.562 and tax receipts for House No.438 and House No.585, which indicated that the petitioner was not in possession of government land. The court set aside the disqualification order. (Paras 2-5)
Issue of Consideration
Whether the Additional Commissioner was justified in setting aside the Additional Collector's order and disqualifying the petitioner under Section 14(1)(j3) of the Bombay Village Panchayats Act based on the evidence on record.
Final Decision
The writ petition is allowed. The order dated 18/05/2011 passed by the Additional Commissioner, Amravati Division, Amravati is quashed and set aside. The order dated 24/01/2011 passed by the Additional Collector, Washim is restored. Rule is made absolute accordingly.
Law Points
- Disqualification under Section 14(1)(j3) of Bombay Village Panchayats Act requires proof of encroachment on government land
- burden on complainant
- appreciation of documentary evidence
