SWATI SACHIN BALGE Vs. APPASAHEB KISAN VEER

JUDGEMENT

(1.) Rule. By consent it was heard finally, and the Rule made returnable forthwith.

(2.) The petitioner and respondent No.1 were elected members of the Village Panchayat, Tajnapur. Respondent No.1 had applied under Ss. 14(1)(j-3) and 16 of the Maharashtra Village Panchayats Act ("Panchayats Act" for short) to declare the petitioner disqualified to be a member of the village panchayat as she had encroached upon the Government land. The Collector directed the Village Development Officer to submit the factual report. He had inspected the spot in Village Gram Panchayat, Nagalwadi and Village Panchayat, Tajnapur. On the same day, he inspected the houses of three Village Panchayat members of Tajnapur and submitted the report to the Collector on 25/1/2022.

(3.) Respondent No.1 complained that the petitioner resides with her father-in-law and husband jointly in the house constructed on encroached government land. Their house was numbered as property No.203. It was also the case that after the inspection was done, an illegal resolution was passed, transferring house No.203 in the name of Subhadra Navnath Khedkar. It is not valid unless the Chief Executive Officer approves such a resolution under Sec. 56(2) of the Panchayats Act. The Village Panchayat has no power to transfer the Government land. He also submitted that after the action was proposed against her, she segregated her name from the joint family ration card of her father-in-law.