JUDGMENT :

1) Petitioners have filed the present Petition challenging the Order dated 8 August 2024 passed by Additional Divisional Commissioner, Pune allowing the appeal preferred by Respondent No.1 and setting aside the order passed by Collector, Kolhapur dated 31 January 2024 in Dispute Application No. 3 of 2023. By order dated 31 January 2024, the Collector had allowed the Dispute Application No. 3 of 2023 filed by the Petitioners and had disqualified the Respondent No.1 from acting as Sarpanch of Village Korochi, Taluka, Hathkanangle, District Kolhapur under provisions of Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958 (Village Panchayats Act).

2) Brief facts leading to filing of the Petition are that election of Korochi Grampanchayat were held in December 2022. Respondent No.1 was elected as a Member of Grampanchayat from Ward reserved for backward classes. Respondent No.1 was thereafter elected as Sarpanch of Grampanchayat Korochi, Taluka Hathkanangle, District Kolhapur.

3) Petitioners filed Dispute Application No. 3 of 2023 under provisions of Section 14(1)(j-3) and Section 16 of the Village Panchayats Act before Collector, Kolhapur seeking disqualification of Respondent No.1 on the ground that he has encroached upon the government land. It was alleged by them that the mother of Respondent No.1 had constructed RCC residential house on government land. Respondent No.1 appeared in the Dispute Application and filed his reply opposing the same. It appears that in pursuance of directions by the Collector, the Block Development Officer carried out panchanama dated 5 July 2023 in respect of the land in question. After hearing both the sides and after considering the documents filed on record, the Collector proceeded to pass the order dated 31 January 2024 declaring Respondent No.1 as disqualified to remain on the post of Sarpanch under provisions of Section 14(1)(j-3) of the Village Panchayats Act.

4) Respondent No.1 preferred Grampanchayat Appeal No. 6 of 2024 before the Divisional Commissioner, Pune challenging the Collector’s order dated 31 January 2024. The Additional Divisional Commissioner has allowed the Appeal preferred by Respondent No.1 and has set aside Collector’s order dated 31 January 2024. Petitioners are aggrieved by the order dated 8 August 2024 passed by Additional Divisional Commissioner and have accordingly filed the present Petition.

5) Mr. Patil, the learned counsel appearing for the Petitioners would submit that the presence of first Respondent’s mother’s house on land bearing Gat No. 1035/A is not in dispute. He would submit that the said gairan Gat No.1035/A is government land. That once presence of house constructed by Respondent No.1’s mother on government gairan land is admitted, the necessary consequence of disqualification of Respondent No.1 must follow. He would submit that Respondent No.1 made erroneous entry in the Assessment Register of Grampanchayat about his mother being beneficiary in the National Rural Employment Programme (NREP) Housing Scheme. He would invite my attention to the information secured from Block Development Officer about non-implementation of the housing scheme under NREP in Village Korochi. That Respondent No.1 did not produce any evidence about receipt of any other funding for construction of house under NREP Scheme.

6) He would submit that Respondent No.1 deliberately sought to create false evidence claiming his residence in a tenanted premises by showing execution of undated rent agreement. However, there is a joint Ration Card issued in the name of the Respondent No.1’s mother reflecting joint residence of mother, Respondent No.1 and his wife in same house. That the voters list issued in respect of Indira Nagar area contains names of Respondent No.1 and his mother again showing their joint residence in Indira Nagar where the house on encroached portion of land exists. He would also invite my attention to address of Respondent No.1 at Indira Nagar in the S