Case Note & Summary
The petitioner, Satish N. Deshmukh, filed a writ petition challenging the order dated 21st August 2013 passed by the Additional Commissioner, Pune Division, in exercise of appellate powers under Section 16(2) of the Maharashtra Village Panchayat Act, 1958. The Additional Commissioner had set aside the order dated 28th February 2013 passed by the Additional Collector, which disqualified respondent No.3 from continuing as a member of the village panchayat of Karkamb on the ground of encroachment on government land under Section 14(1)(j3) of the Act. The petitioner contended that both the adjudicating authorities had concurrently held that respondent No.3 had encroached upon government property, and the Additional Collector had rightly disqualified him. However, the Additional Commissioner erroneously absolved respondent No.3 by observing that the encroachment had taken place in the year 1996. The petitioner argued that as long as the encroachment continues, respondent No.3 remains liable to be disqualified under Section 14(1)(j3). The respondent No.3's counsel submitted that the encroachment was old and that the Additional Commissioner's order was correct. The court considered the issue of whether a continuing encroachment can be a ground for disqualification under Section 14(1)(j3). The court held that the view taken by the Additional Commissioner was perverse and in excess of jurisdiction. The court reasoned that the disqualification under Section 14(1)(j3) is attracted as long as the encroachment on government land or public property continues, regardless of when it began. The court set aside the impugned order of the Additional Commissioner and restored the order of the Additional Collector disqualifying respondent No.3. The writ petition was allowed, and rule was made absolute with no order as to costs.
Headnote
A) Panchayat Law - Disqualification of Member - Encroachment on Government Land - Section 14(1)(j3) Maharashtra Village Panchayat Act, 1958 - Continuous encroachment on government land, irrespective of when it began, constitutes a ground for disqualification - The Additional Commissioner erred in setting aside the Collector's order of disqualification solely on the ground that the encroachment occurred in 1996, as the disqualification is attracted as long as the encroachment continues - Held that the impugned order is set aside and the Collector's order disqualifying respondent No.3 is restored (Paras 3-6)
Issue of Consideration
Whether a village panchayat member who continues to encroach upon government land is liable to be disqualified under Section 14(1)(j3) of the Maharashtra Village Panchayat Act, 1958, even if the encroachment commenced prior to the relevant period
Final Decision
The court allowed the writ petition, set aside the impugned order dated 21st August 2013 made by the Additional Commissioner, and restored the order dated 28th February 2013 made by the Additional Collector disqualifying respondent No.3. Rule was made absolute with no order as to costs.
Law Points
- Continuous encroachment on government land constitutes disqualification under Section 14(1)(j3) of the Maharashtra Village Panchayat Act
- 1958
- regardless of when the encroachment began
