GANESH ARUN CHAVAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner has been elected as a member of Gram Panchayat Bhor, Taluka Khed, Dist. Pune in the election held in the year 2010 and to be precise on 30th July 2010. His tenure is for a period of 5 years. The respondent No. 3 made an application seeking to disqualify the petitioner. That application made under section 16 of the Act sought to disqualify the petitioner on three grounds viz., section 14(1)(g), 14(1)(h) and 14(1)(j-3) of the Bombay Village Panchayat Act (for short Act). It is not necessary to refer to the grounds under section 14(1)(g) and (h) of the said Act because what has survived for consideration through out is the ground of the petitioner allegedly having encroached on Government Land or public property, which is traceable to section 14(1)(j-3) of the Act.

(2.) The third respondent who made the complaint alleged that the petitioner has been elected from ward No. 4. He is residing with his father Arun Chavan. Mr. Arun K. Chavan has encroached on the land which belongs to the village (Gavthan) by constructing a house of RCC walls which is without any prior sanction or authority from the Grampanchayat. That house is assessed at Sr. No. 584. Similarly, there is another grampanchayat land which is in possession of the said Arun Chavan, who has utilised the same despite the agreement for usage has come to an end. Equally, he has encroached on another Government land which is assessed at Sr. No. 584 by putting up a structure, known as Maharashtra Krishi Seva Kendra. Even this business and construction is without prior permission. It has, therefore, been alleged that the petitioner is disqualified for encroaching on Government land or public property.

(3.) The petitioner has filed a reply to this application contending that this property does not belong to him. His father Arun Chavan has constructed a house in 1994. That house has been constructed by him from his own income. The taxes in that behalf have also been paid by his father. There is no question of the petitioner encroaching on any of the portions or lands stated to be Government land or public property and making any construction thereon, much less the one alleged. In such circumstances, he cannot be disqualified.