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 Panchayat and the requirement of direct or indirect benefit from certain actions.

JUDGMENT :-

1. Heard the respective counsels at length.

2. The petitioner has impugned the order of the Collector, Ahmednagar, passed in Grampanchayat Dispute Application No.129 of 2021 dated 24.05.2022 and the order of the Divisional Commissioner, Nashik Division, Nashik, passed in Grampanchayat Dispute Appeal No.82 of 2022 dated 15.11.2022.

3. The facts of the case in brief are that the petitioner has filed an application to the District Collector, Ahmednagar, under Section 14(g) of the Maharashtra Village Panchayats Act (for short ‘Panchayats Act’). It has been averred in the application that respondent no.2 has been elected as a member of the Village Panchayat for a year period of 2021-2025. The petitioner is a resident of Village Waghunde (Khurd) and a voter of the Village Panchayat. Respondent No.2 has been a member of the panchayat continuously since 2015. He was also the Sarpanch of the Village Panchayat. The Collector had vested the land Gut No.281 to the Village Panchayat on certain terms and conditions. The said land was to be used only for cemetery, plantation and beautification. The said land could not be transferred without the permission of the Collector. Violation of any of the conditions of vesting the land, the vesting would be cancelled was the condition. Respondent No.2 was aware of the condition of vesting of the said land. However, under his power and influence as a Sarpanch, 30 R of land out of the said land was leased to Shri President and Trustee of the said society. He, under his influence and power as a Sarpanch, illegally leased out that land to the said society. He, being the President and Trustee of the said society, is the beneficiary of the allotment of the Government land. Hence, he is liable to be disqualified under Section 14(1)(g) of the Panchayats Act. He also mutated the said piece of land in the Village Panchayat record (Namuna 8). He has an indirect interest in the said society and has received the benefits.

4. Respondent No.2 admitted that he was the Chairman of Shri Bhairavnath Vidya Prasarak Sanstha since 2017. It is not in dispute that the piece of land from the said field was leased to the said society, of which respondent No.2 was the President as well as the Trustee. It has been explained that the said society was running a school in the rented premises. However, the society could not bear the expenses; hence, they resolved to close down the school. There was no school in the village or the nearby place. Therefore, the villagers came together and decided that respondent no.2 would run the society. Since there was no school in the village and there was great inconvenience to the children of the village for education, the said piece of land was granted to the society. A few rooms were constructed on the said land from the public funds and contributions. He submitted that he is the President and Trustee of the society to which the said piece of land was leased. So, directly or indirectly, he is not the beneficiary. It is a public charity; therefore, he has no reason to receive any benefits from the school or from the said society. Therefore, he could not be disqualified under Section 14(1)(g) of the Panchayats Act.

5. The Collector, considering the facts, held that the applicant could not prove that respondent No.2 has directly or indirectly or through any partner getting benefit from the land leased to the said society. He rejected the petition.

6. The Additional Commissioner, Nashik Division, has reiterated the facts of the case and maintained the order of the Collector.

7. Learned counsel for the petitioner has vehemently argued that respondent No.2 has misused his post as Sarpanch. In violation of the terms of vesting the land, he, without jurisdiction, leased the said piece of land to the society of which he is the President and Trustee. The Village Panchayat had no right to lease the land for 99 years. The earlier body of the said society transferred it to the respondent in exchange f