Case Note & Summary
The petitioner, Shantaram Narayan Raut, was elected as a member of the Gram Panchayat, Vinchur, in 2010 and subsequently became Sarpanch. Respondent Nos. 3 and 4 filed a dispute application before the Additional Collector, Nashik, under Section 16(1) and (2) of the Bombay Village Panchayats Act, 1958, alleging that the petitioner had encroached upon government land (Gat No. 626/2) and was thus disqualified under Section 14(1)(j3) of the Act. The Additional Collector, by order dated 05.03.2012, declared the petitioner disqualified and his office vacant. The petitioner's appeal to the Additional Divisional Commissioner was dismissed on 28.03.2012. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India. The High Court noted that the petitioner was not given a proper opportunity of hearing before the Collector. The court observed that the Collector had not conducted a proper inquiry and had not allowed the petitioner to cross-examine witnesses or present evidence. The court held that the principles of natural justice were violated. Consequently, the court quashed the orders of the Additional Collector and the Additional Divisional Commissioner and remanded the matter back to the Additional Collector for fresh consideration after giving the petitioner a reasonable opportunity of hearing. The court directed that the matter be decided expeditiously, preferably within three months.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Challenge to Disqualification Order - The petitioner challenged the orders of the Additional Collector and Additional Divisional Commissioner disqualifying him as a member of the Gram Panchayat for alleged encroachment on government land. The High Court examined whether the statutory authority complied with principles of natural justice. (Paras 1-2) B) Village Panchayats - Disqualification of Members - Section 16 read with Section 14(1)(j3) of the Bombay Village Panchayats Act, 1958 - Encroachment on Government Land - The Collector must conduct a proper inquiry and give an opportunity of hearing before declaring a vacancy. The impugned orders were set aside as the petitioner was not given a fair chance to present his case. (Paras 3-5) C) Natural Justice - Right to Hearing - Opportunity of Being Heard - The court held that the principles of natural justice require that before any adverse order is passed, the affected person must be heard. The Collector's order was quashed for non-compliance with this principle. (Para 5)
Issue of Consideration
Whether the order of the Additional Collector disqualifying the petitioner as a member of the Gram Panchayat under Section 16 read with Section 14(1)(j3) of the Bombay Village Panchayats Act, 1958, on the ground of encroachment upon government land, is sustainable in law and whether the petitioner was afforded a reasonable opportunity of hearing.
Final Decision
The High Court allowed the writ petition, quashed the orders of the Additional Collector dated 05.03.2012 and the Additional Divisional Commissioner dated 28.03.2012, and remanded the matter back to the Additional Collector for fresh consideration after giving the petitioner a reasonable opportunity of hearing. The court directed that the matter be decided expeditiously, preferably within three months.
Law Points
- Natural justice
- opportunity of hearing
- disqualification of elected members
- encroachment on government land
- Section 16 Bombay Village Panchayats Act
- 1958
- Section 14(1)(j3) Bombay Village Panchayats Act
- writ jurisdiction under Articles 226 and 227 of the Constitution of India
