Back
S. G. MEHARE
Rekha – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
S.G. Mehare, J.
Rule. Rule made returnable forthwith and heard finally with the consent of parties.
2. Respondent no.5 was served, but he did not appear. Hence, proceeded ex-parte against him.
3. The petitioner was the Sarpanch of Village Panchayat. She was removed under Section 14 (1) (J-3) of the Maharashtra Village Panchayat Act, 1958 ('Act of 1958' for short). It was alleged against her that her family had encroached upon the land adjacent to their property, No.169. The Block Development Officer had measured the plot/property No.169 and recorded the finding that 96 sq. ft. land adjacent to the house of the petitioner's family was encroached. They have constructed the washroom and wall compound on encroached land. It was an encroachment on the public road. Based upon the report of the Block Development Officer, the District Collector declared her disqualified from continuing as a member of the Panchayat under Section 14 (1) (J-3) of the Act of 1958. She had preferred an appeal before the Additional Commissioner, Aurangabad. He upheld the judgment and order of the Collector.
4. Learned counsel for the petitioner has vehemently argued that before the so-called measurement of
The absence of notice before inspection invalidates the disqualification of a Sarpanch under the Maharashtra Village Panchayat Act, ensuring procedural fairness.
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 main legal point established is the requirement for strict adherence to the principles of natural justice in conducting enquiries and the automatic disqualification for not holding necessary meet....
Disqualification of a Sarpanch requires clear evidence of procedural violations; oral communications are insufficient for disqualification, especially regarding women in public office.
Removal of woman Sarpanch of Gram Panchayat – Matter of removal of an elected public representative should not be treated so lightly, especially when it concerns women belonging to rural areas.
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 ....
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
