SAU ASHABAI Vs. ADDITIONAL COMMISSIONER AMRAVATI

JUDGEMENT

(1.) BY this petition under Articles 226 and 227 of Constitution of India the petitioner, a Sarpanch of Gram Panchayat, Dapura questions the order dated 5th January, 2004 passed by Additional Commissioner, Amravati Division, Amravati holding that she has incurred disqualification under section 14 (1) (g) read with section 16 (2) of Bombay Village Panchayats Act, 1958 (hereinafter referred to as "the Act"). The Additional Commissioner has set aside the order dated 29th October, 2003 passed by Additional Collector, Akola in favour of petitioner. Proceedings before the Collector were initiated by present respondent No.2 Vasantrao. It is the contention of petitioner that respondent No.2 had initially tried to unseat her through his wife who contested the election unsuccessfully against her.

(2.) RESPONDENT No.2 filed application in July, 2003 under Section 14 (1) (g) of the Act before Additional Collector, Akola pointing out that the petitioner has obtained advantage of a scheme for construction of houses for poor people and got construction of house under said scheme sanctioned in favour of her husband Laxman. He further asserted that Secretary of Gram Panchayat gave the opinion that as petitioner was having a house in the village she was not eligible to take advantage of the scheme. It is the case of respondent No.2 that 15% of the amount required for construction is given by the Gram Panchayat. The application was opposed by present petitioner who was non applicant No.1 before the Additional Collector. She pointed out that the name of her husband was appearing in the list of below poverty line candidates since long and under the scheme he was eligible for constructed house. She had stated that her husband is not having any house for residence in the village and as per the scheme known as the "Gharkool Yojana" or "Indira Awas Yojana" of Central Government and State Government, he has deposited 15% of the amount with the authority and remaining 85% is granted by the said authority. With this amount her husband Laxman has constructed house on his own field and he has not taken any benefit from Gram Panchayat. It is her contention that Gram panchayat only proposed name of Laxman as beneficiary but Gram Panchayat is not implementing the said scheme. She has also pointed out that respondent No.2 filed criminal complaint against her and against other members of Gram Panchayat and proceedings under section 14 (1) (g) have been filed only to harass her. It appears that the Additional Collector has taken a view in favour of petitioner. However, copy of said order is not annexed with the petition. What is annexed is order of said authority passed on same date in another matter filed by present respondent No.2 against Up Sarpanch Shri. Devidas Dongre. Respondent No.2 thereafter filed appeal under section 16 (2) before Additional Commissioner, Amravati Division, Amravati , who has allowed the same. Challenge in present petition is to this order of the Additional Commissioner. Respondent No.2 has filed his reply before this Court in support of order of Additional Commissioner and has further proceeded to place on record documents to show that husband of petitioner already has a house in village and he also holds agricultural lands and is not eligible for benefit of the scheme. However, the petitioner has filed counter affidavit denying these facts. The Additional Commissioner, i.e. respondent No.1 has also filed reply denying the contentions in writ petition.

(3.) ADVOCATE Borkar appearing for respondent No.2 and learned AGP appearing for respondent No.1 have justified the impugned order. Both the advocates have stated that the petitioner is proved to have interest in the work done as per the order of Gram Panchayat and the resolution of Gramsabha has the effect of selecting her husband as beneficiary. It is their argument that the petitioner being wife is bound to stay with her husband Laxman and if Laxman is getting new house, petitioner is also benefited thereby. The work of construction of house for Laxman is done with funds provided by Central Government and State Government and the work is done because Gram Panchayat has selected Laxman as beneficiary. It is their contention that interest of petitioner in her husband is sufficient to disqualify her and issue of eligibility of said Laxman is totally irrelevant for this purpose. Both the advocates therefore seek dismissal of the writ petition.