Back
KISHORE C. SANT
Gorakh Baban Zende – Appellant
Versus
Vaishali Ramdas Zende – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith by consent of the parties.
2. Heard the learned Advocates for the parties. The petitioner the original disputant who assailed the order of the Collector contending that respondent No. 1 be declared as disqualified to be a member of Grmpanchyat under Section 14 (1) (j-3) of the Maharashtra Village Panchyat Act, 1958, on the ground that her father-in-law had encroached upon the land belonging to the Grampanchyat.
3. Respondent No. 1 is the elected member of the Grampanchyat. Respondent No. 2 is Gramsevak and the respondent No. 3 is the Collector, whereas, respondent No. 4 is the Additional Commissioner, Nashik.
4. The learned Collector by the judgment and order dated 21.06.2022, held respondent No. 1 as disqualified to be a member of Grampanchyat. However, the learned Additional Commissioner, in Grampanchyat Appeal No. 91 of 2022 set aside the order passed by the learned Collector by allowing the appeal and therefore, the petitioner is before this Court.
5. The facts in short are that respondent No. 1 came to be elected as a member of the Grampanchyat in the election held on 15.01.2021. The petitioner who is a voter from the said vil
The judgment established the legal principle that unauthorized occupation of land belonging to the Grampanchyat constitutes encroachment, leading to disqualification under the Maharashtra Village Pan....
The main legal point established in the judgment is the legislative object of preventing encroachment on government land or public property, as enshrined in the Maharashtra Village Panchayats Act, 19....
The main legal point established in the judgment is the necessity of a purposive interpretation of the term 'person' and the conflict of duty and interest arising from encroachment over government la....
The central legal point established in the judgment is the interpretation and application of Section 14(1)(g) of the Panchayats Act in determining the disqualification of a member of the Village Panc....
The absence of notice before inspection invalidates the disqualification of a Sarpanch under the Maharashtra Village Panchayat Act, ensuring procedural fairness.
Illegal occupation of Gram Panchayat land does not confer any right to claim ownership or regularization.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
