1. The petitioner has been elected as a member of Gram Panchayat Bhor, Taluka Khed, Dist. Pune in the election held in the year 2010 and to be precise on 30th July 2010. His tenure is for a period of 5 years. The respondent No.3 made an application seeking to disqualify the petitioner. That application made under section 16 of the Act sought to disqualify the petitioner on three grounds viz., section 14(1)(g), 14(1)(h) and 14(1)(j-3) of the Bombay Village Panchayat Act (for short Act).

2. It is not necessary to refer to the grounds under section 14(1)(g) and (h) of the said Act because what has survived for consideration through out is the ground of the petitioner allegedly having encroached on Government Land or public property, which is traceable to section 14(1)(j-3) of the Act.

3. The third respondent who made the complaint alleged that the petitioner has been elected from ward No.4. He is residing with his father Arun Chavan. Mr. Arun K. Chavan has encroached on the land which belongs to the village (Gavthan) by constructing a house of RCC walls which is without any prior sanction or authority from the Grampanchayat. That house is assessed at Sr. No.584. Similarly, ther