Case Note & Summary
The petitioner, Ashruba Dhondiba Gade, was a member of the Village Panchayat of Gambhirwadi. Respondent Nos. 1 and 2, Rajendra Shankar Sutar and Mandakini Rajendra Sutar, were alleged to have encroached on Gairan land which was allotted to the Public Works Department. The District Collector, Osmanabad, after conducting an inquiry through the Tahsildar, passed an order disqualifying the petitioner under Section 14(1)(j3) of the Maharashtra Village Panchayat Act, 1959. The Collector relied on a panchnama prepared by the Village Panchayat and a statement dated 28.06.2011 by Rajendra Sutar admitting that he had constructed a house on the open space and had been living there for over a year. The petitioner challenged the disqualification before the Divisional Commissioner, Aurangabad, who set aside the Collector's order by relying on a decision of the Bombay High Court in Ganesh Arun Chavan v. State of Maharashtra (Writ Petition No.3942 of 2012). The petitioner then filed the present writ petition. The High Court examined the record and found that the Collector's order was based on sufficient evidence, including the panchnama and the respondent's own statement. The Court noted that the Divisional Commissioner had erred in setting aside the disqualification without properly appreciating the evidence. The High Court allowed the writ petition, set aside the order of the Divisional Commissioner, and restored the order of the District Collector disqualifying the petitioner.
Headnote
A) Panchayat Law - Disqualification of Member - Encroachment on Government Land - Section 14(1)(j3) of Maharashtra Village Panchayat Act, 1959 - The petitioner, a member of the Village Panchayat, was disqualified by the District Collector for encroaching on Gairan land allotted to the Public Works Department. The Divisional Commissioner set aside the disqualification. The High Court held that the Collector's order was based on sufficient evidence including a panchnama and the respondent's own statement admitting encroachment. The Commissioner's order was set aside and the Collector's order restored. (Paras 2-6)
Issue of Consideration
Whether the Divisional Commissioner was justified in setting aside the order of disqualification passed by the District Collector against the petitioner for encroachment on Gairan land.
Final Decision
The High Court allowed the writ petition, set aside the order of the Divisional Commissioner dated 14.11.2013, and restored the order of the District Collector disqualifying the petitioner.
Law Points
- Disqualification for encroachment on government land
- Section 14(1)(j3) of Maharashtra Village Panchayat Act
- 1959
- Sufficiency of evidence for disqualification
- Appellate authority's power to set aside disqualification order
