SAU. PRAMILA Vs. BANDU

JUDGEMENT

(1.) Petitioner, who is working as a Sarpanch of Gram Panchayat, Ner, Tq. Telhara, Distt. Akola, felt aggrieved by the order dated 7th April, 2011, passed by the Additional Collector, Akola, and confirmed by the Additional Commissioner, Amravati Division, Amravati, in Appeal No. 198/BVP Act 16 (2)/2010-11 of Ner, Tq. Telhara, Distt. Akola, by order dated 7th June, 2011, filed the present Writ Petition.

(2.) For Gram Panchayat, Ner, the post of Sarpanch was reserved for Scheduled Castes [Woman] and as such the petitioner was elected on the said post on 10th August, 2010. Respondent No.1 applied under Section 14 (1) (h) of the Maharashtra Village Panchayats Act, 1958, against the petitioner and stated in the said application that the petitioner is residing in undivided Hindu family of her father-in-law Yashwant Tukaram Tayde along with her husband Punjab Yashwant Tayde in House No. 328, which stands in the name of her father-in-law Yashwant. The House Tax in respect of House No. 328, so also water Tax are due against father-in-law of the petitioner, namely Yashwant, and accordingly Demands under Section 129 (1), a Writ of Demand under Section 129 (2) were duly served on Yashwant from time to time; but nothing was paid and, thus, Yashwant remained in arrears of taxes. Therefore, according to respondent no.1, petitioner being the wife of son of Yashwant residing in the joint family of Yashwant, she was disqualified under Section 14 (1) (h) [Explanation 2 for the purposes of clause (h) (i) and (ii)] from the membership of Gram Panchayat, Ner.

(3.) Petitioner filed her reply to the application before Additional Collector, Akola, and stated that she resides with her husband separately since 19th June, 1997 and has no concern with the house in which Yashwant resides, and not only that Govt., has issued Below-Poverty-Line [BPL] Card to her and her husband accordingly.