SANTOSH RAMESH WAGHELA Vs. SANTOSH SAKAHRAM BHORE

JUDGEMENT

(1.) Petitioners have filed the present Petition challenging the Order dtd. 8/8/2024 passed by Additional Divisional Commissioner, Pune allowing the appeal preferred by Respondent No.1 and setting aside the order passed by Collector, Kolhapur dtd. 31/1/2024 in Dispute Application No. 3 of 2023. By order dtd. 31/1/2024, the Collector had allowed the Dispute Application No. 3 of 2023 filed by the Petitioners and had disqualified the Respondent No.1 from acting as Sarpanch of Village Korochi, Taluka, Hathkanangle, District Kolhapur under provisions of Sec. 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958 (Village Panchayats Act).

(2.) Brief facts leading to filing of the Petition are that election of Korochi Grampanchayat were held in December 2022. Respondent No.1 was elected as a Member of Grampanchayat from Ward reserved for backward classes. Respondent No.1 was thereafter elected as Sarpanch of Grampanchayat Korochi, Taluka Hathkanangle, District Kolhapur.

(3.) Petitioners filed Dispute Application No. 3 of 2023 under provisions of Sec. 14(1)(j-3) and Sec. 16 of the Village Panchayats Act before Collector, Kolhapur seeking disqualification of Respondent No.1 on the ground that he has encroached upon the government land. It was alleged by them that the mother of Respondent No.1 had constructed RCC residential house on government land. Respondent No.1 appeared in the Dispute Application and filed his reply opposing the same. It appears that in pursuance of directions by the Collector, the Block Development Officer carried out panchanama dtd. 5/7/2023 in respect of the land in question. After hearing both the sides and after considering the documents filed on record, the Collector proceeded to pass the order dtd. 31/1/2024 declaring Respondent No.1 as disqualified to remain on the post of Sarpanch under provisions of Sec. 14(1)(j-3) of the Village Panchayats Act.