Case Note & Summary
The petitioner, Shri Shrikant Shrimant Kadam, was elected as a member of Grampanchayat Khodshi from ward No. 3 in the election held on 04/08/2015 for the term 2015-2020. His father had constructed a house in 2003 after obtaining necessary permissions from the Grampanchayat. On 29/01/2016, the Grampanchayat carried out measurement of Survey No. 385. Subsequently, respondent nos. 1 and 2 submitted a complaint to respondent nos. 4 and 5 alleging encroachment by the petitioner. The Grampanchayat issued a notice under Section 54 of the Maharashtra Village Panchayat Act to the petitioner's father. Respondent nos. 1 and 2 also filed an application under Section 14(1)(J3) of the Act before respondent no. 4 seeking disqualification of the petitioner. The petitioner appeared and contested the application. Meanwhile, the Tahsildar, Karad, issued a letter on 07/10/2016 to the Block Development Officer, Karad, to make an inquiry into the allegations. The Block Development Officer conducted an inquiry and submitted a report on 17/01/2017 stating that the petitioner and his father had not encroached upon Survey No. 385. Despite this exonerating report, respondent no. 4 passed an order on 05/06/2017 allowing the application and disqualifying the petitioner. The petitioner appealed to respondent no. 3, who dismissed the appeal on 04/09/2017. The petitioner then filed the present writ petition challenging both orders. The court considered the submissions of the petitioner's counsel that the disqualifying authority had not considered the inquiry report. The court found that the impugned orders were passed without considering the exonerating inquiry report and thus were unsustainable. The court quashed and set aside both the order dated 05/06/2017 passed by respondent no. 4 in Dispute Application No. 140 of 2016 and the order dated 04/09/2017 passed by respondent no. 3 in Appeal No. 18 of 2017. The petition was allowed with no order as to costs.
Headnote
A) Maharashtra Village Panchayat Act - Disqualification of Member - Section 14(1)(J3) - Encroachment - The petitioner was disqualified on the ground of encroachment upon Grampanchayat land. The court held that the disqualifying authority failed to consider the inquiry report by the Block Development Officer which stated that the petitioner and his father had not encroached upon Survey No. 385. The impugned orders were quashed as the disqualification was not based on proper material. (Paras 1-9) B) Natural Justice - Consideration of Relevant Material - The court held that the authority must consider all relevant material, including the inquiry report, before passing an order of disqualification. Failure to do so vitiates the order. (Paras 3-9)
Issue of Consideration
Whether the disqualification of the petitioner as a member of Grampanchayat under Section 14(1)(J3) of the Maharashtra Village Panchayat Act was valid when the inquiry report indicated no encroachment.
Final Decision
The court allowed the writ petition, quashing and setting aside the order dated 05/06/2017 passed by respondent no. 4 in Dispute Application No. 140 of 2016 and the order dated 04/09/2017 passed by respondent no. 3 in Appeal No. 18 of 2017. Rule made absolute with no order as to costs.
Law Points
- Disqualification under Section 14(1)(J3) of Maharashtra Village Panchayat Act requires proof of encroachment
- Inquiry report exonerating petitioner must be considered
- Natural justice requires consideration of all relevant material
