SUNITA RAMKRUSHNA PANDALWAD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith by consent of the parties.

(2.) The petitioner before this Court is an unsuccessful member of the Grampanchyat, who is declared as disqualified by Respondent No. 2, the Additional Divisional Commissioner, Aurangabad by setting aside the judgment and order passed by Respondent No. 3, the Collector, Nanded, by which the Collector had held that the Petitioner is not disqualified as there is no sufficient material to hold that the Petitioner or his family members have encroached upon the Government/public land.

(3.) The Petitioner was elected as a member of Grampanchyat Bori (Kh.), Tq. Kandhar, Dist. Nanded in the election held in March, 2021. Thereafter, she also became the Sarpanch by way of election amongst the members of the Grampanchyat. Respondent No. 5 filed a dispute under Sec. 14 (1) (j-3) of the Maharashtra Village Panchyats Act (for short "the Act"), stating that the house in which the Petitioner resides is constructed on the excessive area than permissible. It is held that there is encroachment on the Government/public land.