Case Note & Summary
The petitioner, Parvatabai @ Shobha d/o Kisan Kakde, was elected as a member of the Gram Panchayat in October 2012. Respondent No.6 filed an application under Section 14(1)(j3) of the Maharashtra Village Panchayats Act, 1958 seeking her disqualification on the ground that House No.134, where she resided with her father, was constructed on encroached public land. The petitioner contended that the house was owned by her father and she was merely a family member residing there, not responsible for the encroachment. The Additional Collector disqualified her, and the appeal to the Additional Commissioner was dismissed. The High Court examined the provision and found that the disqualification under Section 14(1)(j3) applies only when the member herself has made or caused the encroachment. Since the property belonged to the father and there was no evidence that the petitioner was involved in the encroachment, the disqualification was unsustainable. The court allowed the writ petition, quashed the orders of disqualification, and directed the respondents to permit the petitioner to continue as a member of the Gram Panchayat.
Headnote
A) Panchayati Raj - Disqualification of Member - Section 14(1)(j3) Maharashtra Village Panchayats Act, 1958 - Encroachment by Family Member - The petitioner was disqualified for encroachment on public land in respect of House No.134 owned by her father. The court held that the provision requires the member to have personally made or caused the encroachment; mere residence in the encroached property owned by another does not attract disqualification. The order of disqualification was set aside. (Paras 1-9)
Issue of Consideration
Whether a member of Gram Panchayat can be disqualified under Section 14(1)(j3) of the Maharashtra Village Panchayats Act, 1958 for encroachment on public land when the encroached property is owned by her father and she merely resides therein as a family member.
Final Decision
The writ petition is allowed. The orders dated 30/04/2014 passed by the Additional Collector, Nagpur and dated 30/09/2014 passed by the Additional Commissioner, Nagpur are quashed and set aside. The respondents are directed to permit the petitioner to continue as a member of the Gram Panchayat.
Law Points
- Disqualification under Section 14(1)(j3) requires personal encroachment by the member
- not mere residence in encroached property owned by another
- Strict construction of disqualification provisions
- Burden of proof on applicant to show member's involvement in encroachment
Case Details
2015 LawText (BOM) (07) 184
Writ Petition No.6089 of 2014
Shri B. S. Dhandale for petitioner; Shri C. N. Adgokar, Assistant Government Pleader for respondent Nos.1 to 3 & 5; Shri Sudhir Malode for respondent No.6
Parvatabai @ Shobha d/o Kisan Kakde
Additional Commissioner, Nagpur; Additional Collector, Nagpur; Tahsildar, Katol; Block Development Officer, Panchayat Samiti, Katol; Superintendent of Land Record, Katol; Shri Kishor Marotrao Rewatkar
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Nature of Litigation
Writ petition challenging disqualification from membership of Gram Panchayat under Section 14(1)(j3) of the Maharashtra Village Panchayats Act, 1958.
Remedy Sought
Petitioner sought quashing of orders of disqualification passed by Additional Collector and Additional Commissioner.
Filing Reason
Petitioner was disqualified on ground of encroachment on public land in respect of house property owned by her father, where she resided as family member.
Previous Decisions
Additional Collector disqualified petitioner; appeal to Additional Commissioner was dismissed.
Issues
Whether the petitioner can be disqualified under Section 14(1)(j3) for encroachment on public land when the encroached property is owned by her father and she merely resides therein.
Submissions/Arguments
Petitioner argued that she was not responsible for the encroachment as the house belonged to her father and she was only a family member residing there.
Respondent No.6 argued that the petitioner was residing in the encroached property and thus liable for disqualification.
Ratio Decidendi
The disqualification under Section 14(1)(j3) of the Maharashtra Village Panchayats Act, 1958 applies only when the member herself has made or caused the encroachment on public land. Mere residence in a property owned by another family member, even if that property is encroached, does not attract disqualification unless the member is personally responsible for the encroachment.
Judgment Excerpts
The petitioner who stands disqualified from continuing as member of the Gram Panchayat under Section 14(1)(j3) of the Maharashtra Village Panchayats Act, 1958 lays challenge to said adjudication.
The Additional Collector, Nagpur came to the conclusion that there was an encroachment committed in respect of property bearing House No.134 and though it was the case of the petitioner that the house in question was owned by her father and that she was residing as a member of the family therein, the petitioner was disqualified.
Procedural History
Petitioner elected as member of Gram Panchayat in October 2012. Respondent No.6 filed application under Section 14(1)(j3) for disqualification. Additional Collector disqualified petitioner on 30/04/2014. Appeal to Additional Commissioner dismissed on 30/09/2014. Petitioner filed writ petition in High Court.
Acts & Sections
- Maharashtra Village Panchayats Act, 1958: 14(1)(j3)
