HARKU Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Heard the respective counsels at length.

(2.) The petitioner has impugned the order of the Collector, Ahmednagar, passed in Grampanchayat Dispute Application No.129 of 2021 dtd. 24/5/2022 and the order of the Divisional Commissioner, Nashik Division, Nashik, passed in Grampanchayat Dispute Appeal No.82 of 2022 dtd. 15/11/2022.

(3.) The facts of the case in brief are that the petitioner has filed an application to the District Collector, Ahmednagar, under Sec. 14(g) of the Maharashtra Village Panchayats Act (for short 'Panchayats Act'). It has been averred in the application that respondent no.2 has been elected as a member of the Village Panchayat for a year period of 2021-2025. The petitioner is a resident of Village Waghunde (Khurd) and a voter of the Village Panchayat. Respondent No.2 has been a member of the panchayat continuously since 2015. He was also the Sarpanch of the Village Panchayat. The Collector had vested the land Gut No.281 to the Village Panchayat on certain terms and conditions. The said land was to be used only for cemetery, plantation and beautification. The said land could not be transferred without the permission of the Collector. Violation of any of the conditions of vesting the land, the vesting would be cancelled was the condition. Respondent No.2 was aware of the condition of vesting of the said land. However, under his power and influence as a Sarpanch, 30 R of land out of the said land was leased to Shri Bhairavnath Vidya Prasarak Sanstha. He was the President and Trustee of the said society. He, under his influence and power as a Sarpanch, illegally leased out that land to the said society. He, being the President and Trustee of the said society, is the beneficiary of the allotment of the Government land. Hence, he is liable to be disqualified under Sec. 14(1)(g) of the Panchayats Act. He also mutated the said piece of land in the Village Panchayat record (Namuna 8). He has an indirect interest in the said society and has received the benefits.