PARVATABAI Vs. ADDITIONAL COMMISSIONER AND ORS.

JUDGEMENT

(1.) Rule. Heard finally with the consent of the learned Counsel for the parties.

(2.) The petitioner who stands disqualified from continuing as member of the Gram Panchayat under Section 14(1)(j3) of the Maharashtra Village Panchayats Act, 1958 (for short, the said Act) lays challenge to said adjudication.

(3.) The petitioner was elected as member of the Gram Panchayat in the elections that were held in October, 2012. It is her case that she was residing along with her father and other family members at house property bearing House No.134, situated at Dudhala which property stands in the name of her father. The respondent No.6 filed an application under provisions of Section 14(1)(j3) of the said Act praying that the petitioner be disqualified on the ground that encroachment on public land had been made with regard to construction of property bearing House No.134. The petitioner filed a reply stating that the house in question was owned by her father and that she was residing as a member of the family therein. It was stated that as the petitioner was not responsible for said encroachment, she was not liable to be disqualified.