Case Note & Summary
The petitioner, Ashruba Dhondiba Gade, filed a writ petition challenging the judgment and order of the Divisional Commissioner, Aurangabad, dated 14.11.2013, which set aside the order of disqualification passed by the District Collector, Osmanabad, against respondent No.1 Rajendra Shankar Sutar. The Collector had disqualified respondent No.1 under Section 14(1)(j3) of the Maharashtra Village Panchayat Act, 1959, on the ground that he had encroached upon Gairan land which was allotted to the Public Works Department. The Collector relied on the record of an enquiry conducted by the Tahsildar, including show-cause notices, a panchnama prepared by the Village Panchayat, and a statement dated 28.06.2011 of respondent No.1 admitting that his son had constructed a house on the open space and that he had been living there for over a year prior to the statement. The nomination form was filled in 2010 for the Village Panchayat tenure 2010-2015. The Divisional Commissioner, however, set aside the disqualification order, relying on a decision of this Court in Ganesh Arun Chavan v. State of Maharashtra (Writ Petition No.3942 of 2012) which held that a member could not be disqualified for encroachment if the encroachment was prior to the election. The High Court, in the present petition, examined the facts and found that the Divisional Commissioner had misapplied the decision in Ganesh Chavan. The Court noted that in Ganesh Chavan, the encroachment was not on government land but on private land, whereas in the present case, the encroachment was on Gairan land, which is government land. The Court held that the Divisional Commissioner ought not to have interfered with the Collector's order as there was sufficient evidence of encroachment, including the respondent's own admission. The Court further observed that the Divisional Commissioner's order was perverse and liable to be set aside. Consequently, the High Court allowed the writ petition, quashed the order of the Divisional Commissioner, and restored the order of disqualification passed by the District Collector.
Headnote
A) Panchayat Law - Disqualification of Member - Encroachment on Government Land - Section 14(1)(j3) Maharashtra Village Panchayat Act, 1959 - The petitioner challenged the order of the Divisional Commissioner setting aside the Collector's disqualification order. The Collector had disqualified respondent No.1 for encroaching on Gairan land allotted to Public Works Department. The High Court held that the Divisional Commissioner erred in interfering with the Collector's order as there was sufficient evidence of encroachment, including a panchnama and the respondent's own statement admitting construction on the land. The Court restored the Collector's order of disqualification. (Paras 2-6)
Issue of Consideration
Whether the Divisional Commissioner was justified in setting aside the order of disqualification passed by the District Collector under Section 14(1)(j3) of the Maharashtra Village Panchayat Act, 1959, on the ground of encroachment on Gairan land.
Final Decision
The High Court allowed the writ petition, quashed the order of the Divisional Commissioner dated 14.11.2013, and restored the order of disqualification passed by the District Collector, Osmanabad.
Law Points
- Encroachment on government land
- Disqualification of elected member
- Section 14(1)(j3) Maharashtra Village Panchayat Act
- 1959
- Sufficiency of evidence
- Appellate authority's jurisdiction
