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BHARATI H.DANGRE
Shaikh Wahed Yakub – Appellant
Versus
Collector, Aurangabad – Respondent
The locus of the complainant in this case is that of a person who has made a formal complaint or filed a dispute before the relevant authority, specifically the Collector, regarding the alleged encroachment on government land by the petitioner. The complainant, along with others, invoked Sections 14(j-3) and 16 of the Maharashtra Village Panchayats Act, 1959, to seek the disqualification of the petitioner based on the encroachment allegations. The complainant's role is that of a party initiating proceedings to challenge the eligibility or continued membership of the petitioner as a member of the Panchayat on the grounds of disqualification due to encroachment (!) (!) (!) (!) .
JUDGMENT :
1. The petitioner, elected as a Member of Village Panchayat Chitegaon and subsequently it's Sarpanch in June 2021, is aggrieved by an order passed on 16.12.2021 by the Collector, Aurangabad, questioning the maintainability of the proceedings filed before him and requesting to frame preliminary issue about the maintainability of the proceedings.
2. Heard the learned counsel Mr.Kakde for the petitioner, learned counsel Mr. Gore for respondent No.2 and the learned AGP Mr.Borade for the State.
3. The facts involved lie in a very narrow compass. The general election for Village Panchayat Chitegaon was held in the month of January 2022 and the petitioner came to be elected and subsequently appointed to hold the post of Sarpanch.
Respondent Nos. 2 and 3 filed a dispute before the Collector, Aurangabad by invoking Section 14 (j-3) and Section 16 of the Maharashtra Village Panchayats Act, 1959 seeking his disqualification on the ground that the petitioner has made encroachment over the Government land. The specific grievance pleaded by the complainant/respondent Nos. 2 and 3 is to the effect, that one Shaikh Akbar Miya had made a complaint to the Block Development Officer on 14/02/20
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