JUDGMENT :

1. The petitioner is an elected member of village panchayat Garkheda-Jomal and she became Sarpanch of the said panchayat in February-2021.

2. Respondent No.5 filed a compliant before the learned Collector, Jalna under Section 14(1) (j-3) and 16 of the Maharashtra Village Panchayats Act, 1959 seeking a disqualification on the ground that the petitioner has made encroachment over the government land. It has been noted in the complaint that the petitioner has constructed a house at gaothan land admeasuring 15 X 20 feet by committing encroachment. It is the case of the petitioner that on 06.09.2022 the petitioner appeared before the Collector and on that day it was found that the Block Development Officer/Respondent no.3 had submitted an inquiry report in the complaint. The petitioner then received copy of the inquiry report dated 09.07.2021 and in the said inquiry report spot inspection/panchanama was not submitted. It is the case of the petitioner that the alleged spot inspection was done behind the back of the petitioner and in absence of the petitioner. However, it is stated in the said report that on 06.07.2021 around 03:30 pm measurement was done in respect of house of