Case Note & Summary
The petitioner, Bhagwat Gawali, was an elected member and Sarpanch of Gram Panchayat Morgavhan. Respondent No. 5 filed an application before the District Collector alleging that the petitioner was disqualified under Section 14(1)(j3) of the Maharashtra Village Panchayats Act, 1958 for being an encroacher on government land. The Collector, by order dated 16/12/2017, upheld the claim and declared the petitioner disqualified. The petitioner appealed to the Divisional Commissioner under Section 16(2) of the Act, but the appeal was dismissed. The petitioner then filed a writ petition before the Bombay High Court. The petitioner raised two contentions: first, that the alleged encroachment was on land situated in a different village (Bhokarkheda), not in Morgavhan where he was elected; second, that the encroachment, if any, was by his father and not by him, and he resided separately. The High Court, after hearing the parties, found merit in the petitioner's contentions. The Court noted that the encroachment was on land in Bhokarkheda, not Morgavhan, and that the petitioner had produced documentary evidence showing he resided separately from his father. Relying on the principle in Janabai v. Additional Commissioner, 2018 (5) Mh.L.J. 921, the Court held that disqualification under Section 14(1)(j3) requires the encroachment to be by the member himself and continuing. Since the encroachment was not by the petitioner and was on land in a different village, the disqualification could not stand. The Court quashed the orders of the Collector and the Divisional Commissioner and allowed the petition.
Headnote
A) Panchayat Law - Disqualification of Member - Encroachment on Government Land - Section 14(1)(j3) Maharashtra Village Panchayats Act, 1958 - The petitioner, an elected Sarpanch, was disqualified by the Collector for alleged encroachment on government land in a different village. The High Court held that the encroachment must be by the member himself and on land within the same village; encroachment by father or on land of another village does not attract disqualification. The impugned orders were quashed. (Paras 3-6) B) Panchayat Law - Disqualification of Member - Encroachment by Father - Section 14(1)(j3) Maharashtra Village Panchayats Act, 1958 - The petitioner contended that the encroachment, if any, was by his father and he resides separately. The Court accepted this contention, noting that the petitioner had produced documentary evidence of separate residence. Held that disqualification cannot be based on encroachment by a family member if the member himself is not in continuing occupation. (Paras 4-6)
Issue of Consideration
Whether an elected member and Sarpanch of a Gram Panchayat can be disqualified under Section 14(1)(j3) of the Maharashtra Village Panchayats Act, 1958 for alleged encroachment on government land situated in a different village and allegedly made by his father.
Final Decision
The High Court allowed the writ petition, quashed the orders of the Collector dated 16/12/2017 and the Divisional Commissioner, and set aside the disqualification of the petitioner as member and Sarpanch of Gram Panchayat Morgavhan.
Law Points
- Disqualification under Section 14(1)(j3) of Maharashtra Village Panchayats Act
- 1958 requires encroachment by the member himself on government land within the same village
- encroachment by father or on land of another village does not attract disqualification
