Bombay High Court Hears Writ Petition Against Disqualification of Gram Panchayat Members Under Maharashtra Village Panchayats Act. Allegations of Encroachment on Government Land Led to Disqualification Under Section 14(1)(j-3); Petitioners Argued Encroachments Were by Spouses, Not Themselves.

Writ petition under Articles 226 and 227 of the Constitution of India challenging the order of the Additional Divisional Commissioner which set aside the Additional Collector's order and held that the petitioners were disqualified as members of the Gram Panchayat under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958.

Petitioners sought quashing and setting aside of the order dated 5 August 2017 passed by the Additional Divisional Commissioner and restoration of the order of the Additional Collector dated 10 January 2017 rejecting the disqualification complaint.

The Additional Divisional Commissioner allowed the appeal of respondent nos.5 and 6 and declared the petitioners disqualified for alleged encroachment on government land, which the petitioners contested as illegal and without proper consideration.

The Additional Collector, Pune, passed an order on 10 January 2017 in Gram Panchayat Dispute Application No.141 of 2016 rejecting the complaint of respondent nos.5 and 6. On appeal, the Additional Divisional Commissioner, Pune, passed order dated 5 August 2017 in Gram Panchayat Appeal No.2 of 2017 allowing the appeal and setting aside the Collector's order, holding petitioners disqualified.

Whether the petitioners can be disqualified under Section 14(1)(j-3) for encroachments allegedly committed by their spouses. Whether the Additional Divisional Commissioner correctly appreciated evidence and set aside the Collector's order. Whether the writ petition under Articles 226 and 227 should be entertained given subsequent elections and delay.

Petitioners argued that the allegations of encroachment were against the husbands of petitioner nos.1 and 4, not against themselves, and thus they could not be disqualified; the Collector's order was reasoned; the Commissioner failed to consider submissions. Respondent nos.5 and 6 argued that petitioners had incurred disqualification due to encroachments on government land as per the complaints and reports; the Commissioner rightly upheld the disqualification.

By this petition filed under Articles 226 and 227 of the Constitution of India, the petitioners have impugned the order dated 5th August 2017 passed by the learned Additional Divisional Commissioner, Pune Division, Pune in Gram Panchayat Appeal No.2 of 2017 thereby allowing the said appeal filed by the respondent nos.5 and 6 and setting aside the order dated 10th January 2017 passed by the learned Additional Collector, Pune in Gram Panchayat Dispute Application No.141 of 2016. It is submitted by the learned counsel that in the complaint filed by the respondent nos.5 and 6 against the petitioners, at least in so far as the petitioner nos.1 and 4 are concerned, the allegations of the alleged encroachment on the properties of the State Government were made against the husband of the petitioner nos.1 and 4 and not against the petitioner nos.1 and 4. The respondent no.1 held that the petitioners had incurred disqualification under Section 14(1)(j-3) read with Section 16 of the said Act and thus held to be disqualified.

The petitioners were elected as members of Gram Panchayat Kalamb in 2015. On 5 July 2016, respondent nos.5 and 6 filed a complaint with Additional Collector alleging encroachment. On 10 January 2017, Additional Collector rejected complaint. Respondent nos.5 and 6 filed appeal before Additional Divisional Commissioner, which allowed the appeal on 5 August 2017, setting aside Collector's order and holding petitioners disqualified. Petitioners filed this writ petition in 2017. On 19 September 2017, the High Court admitted the petition but refused interim relief. During pendency, elections were held for vacant Sarpanch post and for four seats. Petitioners amended petition to implead new candidates. The matter was heard finally on 24 February 2018.

• Maharashtra Village Panchayats Act, 1958: 14(1)(j-3), 16
• Constitution of India: 226, 227