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ARUN R. PEDNEKER
Lalita Raju Deshmukh – Appellant
Versus
Additional Commissioner – Respondent
JUDGMENT/ORDER
1. Heard the learned counsel for the parties.
2. By the present Writ Petitions, the petitioners are challenging the orders dtd. 28/3/2023 passed by the respondent no. 2 - Collector, Nanded thereby disqualified the petitioners as member of the Village Panchayat under Sec. 14 (1) (j-3) of the Maharashtra Village Panchayats Act.
3. All these petitions are taken up together as the common issue is involved in all these matters. The common spot panchanama report is prepared in all these matters and the same is conducted in absence of the petitioners and without notices to the petitioners.
4. The elections to the village panchayat were held in the month of January, 2021 and the results were declared on 18/1/2021. The petitioners contested the said elections and were elected as members of the village panchayat. Thereafter, complaint was filed under Sec. 14 (1) (j-3) of the Maharashtra Village Panchayat Act for seeking disqualification of the petitioners for having encroached upon the government land or public land. Sec. 14 (j) (3) provides for disqualification of an elected member of village panchayat, who has encroached upon the government land or public property. In pursuan
The principles of natural justice must be observed in inquiries regarding disqualification of elected members under the Maharashtra Village Panchayats Act, including the necessity for proper notice a....
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.
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 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.
A member of a Gram Panchayat can be disqualified for encroaching on government land under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, and such disqualification is valid if supported....
The absence of notice before inspection invalidates the disqualification of a Sarpanch under the Maharashtra Village Panchayat Act, ensuring procedural fairness.
Mandatory notice to the panchayat in an inquiry under Section 39(1) of the Maharashtra Village Panchayats Act is essential, and failure to comply renders the inquiry report and subsequent orders inva....
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