Case Note & Summary
The petitioner, Smt. Lilabai Bhaurao Gondhule, was the Sarpanch of Gram Panchayat Chandori (Khurd). An allegation was made that she had encroached upon a portion of a plot allotted to her husband's brother. The letter of allotment in the name of her husband's brother was placed on record. Based on this, an order of disqualification was passed against her under Section 14(1)(j3) of the Maharashtra Village Panchayat Act. The petitioner challenged this order by way of a writ petition before the Bombay High Court, Nagpur Bench. The court observed that prima facie, the encroachment alleged was on private property, which is neither public property nor government property. Therefore, such encroachment is not covered under Section 14(1)(j3) of the Act. Since the matter was pending before the Commissioner in appeal, the court stayed the order of disqualification pending the decision by the Commissioner. The writ petition was disposed of with a direction to the Commissioner to decide the appeal within three months from the date of first appearance of the parties. The parties were directed to appear before the Commissioner on 24th October 2016. Rule was made absolute in above terms with no order as to costs.
Headnote
A) Panchayat Law - Disqualification of Sarpanch - Encroachment on Private Property - Section 14(1)(j3) of Maharashtra Village Panchayat Act - The petitioner, a Sarpanch, was alleged to have encroached upon a plot allotted to her husband's brother. The court held that prima facie, such encroachment on private property, which is neither public nor government property, is not covered under Section 14(1)(j3) of the Maharashtra Village Panchayat Act. The court stayed the order of disqualification pending appeal before the Commissioner and directed the Commissioner to decide the appeal within three months. (Paras 1-3)
Issue of Consideration
Whether encroachment on private property falls within the ambit of Section 14(1)(j3) of the Maharashtra Village Panchayat Act for disqualification of a Sarpanch
Final Decision
The writ petition is disposed of with a stay on the order of disqualification pending decision by the Commissioner in appeal. The Commissioner is directed to decide the matter within three months from the date of first appearance of the parties. Parties to appear before the Commissioner on 24th October 2016. Rule made absolute in above terms. No order as to costs.
Law Points
- Encroachment on private property not covered under Section 14(1)(j3) of Maharashtra Village Panchayat Act
- Stay of disqualification pending appeal
- Direction to Commissioner to decide appeal within three months
