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. This Court has heard the matter finally. Some of the relevant facts for the purpose of deciding this petition are as under :-

2. Some time in the year 2015, the petitioners were elected as members of the Gram Panchayat, Kalamb. The petitioner no.1 was subsequently elected as Sarpanch of the said Gram Panchayat. On 5th July 2016, the respondent nos.5 and 6 herein filed a complaint with the Additional District Collector, Pune against the petitioners alleging that the petitioners had committed encroachment on the land belonging to the State of Maharashtra and were thus disqualified in view of Section 14(1)(j-3) of the Maharashtra Village Panchayats Act,1958 (for short “the said Act). It was alleged in the said complaint that the husband of the petitioner no.1 had made an encroachment on the land bearing Gat No.457 which was Gairan (Grazing land belonging to the State of Maharashtra). It was further alleged that the husband of the petitioner no.1 had carried out R.C.C. construction of 1000 sq.ft. and there was a revenue entry to that effect showing the name of the husband of the petitioner no.1. It was alleged by the respondent nos.5 and 6 that even in the encroachment book separately maintained by Village Panchayat, there was an entry to the effect that husband of the petitioner no.1 allegedly carried out an encroachment on the government land. It was the case of the respondent nos.5 and 6 that on 5th July 2016 i.e. after filing the dispute application before the respondent no.2, name of the husband of the petitioner no.1 allegedly were deleted by passing a resolution in the Village Panchayat meeting.

3. In so far as the petitioner no.2 is concerned, it was alleged in the said complaint that the petitioner no.2 had also carried out an encroachment in Gram Panchayat Milkat No.1584. In so far as the petitioner no.3 is concerned, it was alleged in the said complaint that the petitioner no.3 had carried out an encroachment in Gat No.457 which was Gairan land thereby constructing Gram Panchayat Milkat No.1709 in the said plot of land. In so far as the petitioner no.4 is concerned, the husband of the petitioner no.4 constructed Gram Panchayat Milkat No.2395 in Gairan Land No.457. It was alleged that the petitioners had constructed their houses on the land belonging to the State of Maharashtra and therefore they incurred disqualification under Section 14(1)(j-3) of the said Act.

4. On 28th December 2016, the petitioners filed a reply in the said complaint filed by the respondent nos.5 and 6 before the respondent no.2 and denied that they had committed any encroachment and they had incurred disqualification under the provisions of the said Act. The petitioners also denied that they were in possession of any of the properties constructed in Gairan land. In so far as the entries standing in their names in the Gram Panchayat records were concerned, they were hollow entries which were subsequently cancelled by the Gram Panchayat. It was the case of the petitioners that the said complaint filed by the respondent nos.5 and 6 was out of political rivalry and due to frustration caused in the election.

5. On 12th August 2016 and 21st April 2016, the Gram Panchayat, Kalamb in a monthly meeting passed resolution at Serial No.10 and proposed to delete the name of the husband of the petitioner no.1 and maintained the name of Kasim Mahammed Syed in the Gram Panchayat Milkat No.569 by the Consent Deed alleged to have been executed by the parties. In the meeting held on 21st April 2016, the Gram Panchayat passed a resolution at Serial No.40 whereby the members agreed to delete the n