SHAIKH WAHED YAKUB Vs. COLLECTOR, AURANGABAD

JUDGEMENT

(1.) The petitioner, elected as a Member of Village Panchayat Chitegaon and subsequently it's Sarpanch in June 2021, is aggrieved by an order passed on 16/12/2021 by the Collector, Aurangabad, questioning the maintainability of the proceedings filed before him and requesting to frame preliminary issue about the maintainability of the proceedings.

(2.) Heard the learned counsel Mr.Kakde for the petitioner, learned counsel Mr. Gore for respondent No.2 and the learned AGP Mr.Borade for the State.

(3.) The facts involved lie in a very narrow compass. The general election for Village Panchayat Chitegaon was held in the month of January 2022 and the petitioner came to be elected and subsequently appointed to hold the post of Sarpanch. Respondent Nos. 2 and 3 filed a dispute before the Collector, Aurangabad by invoking Sec. 14 (j-3) and Sec. 16 of the Maharashtra Village Panchayats Act, 1959 seeking his disqualification on the ground that the petitioner has made encroachment over the Government land. The specific grievance pleaded by the complainant/respondent Nos. 2 and 3 is to the effect, that one Shaikh Akbar Miya had made a complaint to the Block Development Officer on 14/02/2019 wherein it was alleged that on the drainage line of Sant Dnyaneshwar Nagar, a common toilet is to be constructed, but the petitioner has made construction on the said piece of land. It was further stated that as per the report submitted to the Deputy Chief Executive Officer on 29/5/2019, it was declared that the petitioner had made encroachment and u/s 52 and 53 of the Maharashtra Village Panchayats Act, the construction was directed to be stopped. A copy of the complaint/application specifically alleged that the Block Development Officer, by his order dtd. 26/3/2019 had directed the petitioner to remove the encroachment and therefore he has incurred a disqualification.