TASLIMBEE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. Learned advocates for the respondents waive service. With the consent of both the sides the matter is heard finally at the stage of admission.

(2.) In this petition under Article 227 of the Constitution of India the petitioner is questioning the order of the respondent No. 3/Collector passed under Section 16 holding her to have incurred a disqualification under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act 1959 (hereinafter 'the Panchayats Act') dated 22.07.2019 as well as the order passed by the Divisional Commissioner on 07.10.2020 dismissing her appeal preferred under Section 16(2) of that Act.

(3.) In short the facts leading to the filing of this petition are to the effect that the petitioner was elected as a member of the Grampanchayat and thereafter as a Sarpanch of village Umravati Tq. Phulambri, District Aurangabad in the election held in the year 2017. The respondent No. 6 filed a complaint with the respondent No. 3/Collector seeking her disqualification under the aforementioned provision on the ground that she along with her husband/respondent No. 7 and father in law/respondent No. 8 has been erected a R.C.C. building admeasuring 20 feet x 20 feet on the Gayran land Gat No. 576 in the year 2001 and thus the family encroached on the government property. He also alleged that they have also carried out another encroachment to the extent of 30 feet x 50 feet by erecting a shed adjoining to the above premises in the same Gayran land. Since she has been aware about the encroachment, she has incurred the disability and may be disqualified. He also alleged that he has got such information from the Village Officer/respondent No. 5 under the provisions of Right to Information Act on 15.10.2018. It is necessary to note that he arrayed the petitioner, her husband/respondent No. 7 and father in law/respondent No. 8 as respondents.