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KISHORE C. SANT
Sunita w/o Ramkrushna Pandalwad – Appellant
Versus
State of Maharashtra Through its Secretary – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith by consent of the parties.
2. The petitioner before this Court is an unsuccessful member of the Grampanchyat, who is declared as disqualified by Respondent No. 2, the Additional Divisional Commissioner, Aurangabad by setting aside the judgment and order passed by Respondent No. 3, the Collector, Nanded, by which the Collector had held that the Petitioner is not disqualified as there is no sufficient material to hold that the Petitioner or his family members have encroached upon the Government/public land.
3. The Petitioner was elected as a member of Grampanchyat Bori (Kh.), Tq. Kandhar, Dist. Nanded in the election held in March, 2021. Thereafter, she also became the Sarpanch by way of election amongst the members of the Grampanchyat. Respondent No. 5 filed a dispute under Section 14 (1) (j-3) of the Maharashtra Village Panchyats Act (for short “the Act”), stating that the house in which the Petitioner resides is constructed on the excessive area than permissible. It is held that there is encroachment on the Government/public land.
4. The Collector on receipt of the dispute filed against two persons including present Petitioner dated 2
The duty of the Collector to conduct a proper inquiry and decide on disqualification within a specified time frame, following the principles of natural justice and fair play.
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 absence of notice before inspection invalidates the disqualification of a Sarpanch under the Maharashtra Village Panchayat Act, ensuring procedural fairness.
Encroachment by a family member can lead to disqualification of an elected member under the Maharashtra Village Panchayat Act, emphasizing a broad interpretation of encroachment to prevent conflicts ....
The necessity of spot inspection in the presence of the affected party is crucial in cases involving alleged encroachment, as it influences the validity of the inspection report.
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