MAINABAI KACHARU PACHARNE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed to challenge the order made of disqualification of petitioner by the learned Additional Collector, Aurangabad in Dispute No. 21 and decision given by the learned Additional Commissioner, Aurangabad in appeal filed by the present petitioner against the decision of Additional Collector, Aurangabad under Sec. 16(2) of the Maharashtra Village Panchayats Act, 1958 (hereinafter referred to as 'the Act'). Both the sides are heard.

(2.) In the month of Aug. 2015, the petitioner was elected to village panchayat Chitegaon for the term 2015-20. The applicants who had filed dispute before the Collector are also the members of this gram panchayat. They had filed the application under Sec. 14 read with Sec. 16 of the Act against the petitioner and they had contended that the petitioner had made encroachment over the government land bearing Gut No. 109 situated at Chitegaon, Tahsil Paithan and also on Gut No. 116 situated at village Pangra, Tahsil Paithan. Gut No. 116 was Gayaran land and in the year 1997 the encroachment was noticed and the petitioner had filed application for regularisation of the encroachment in the year 2001. On 22nd Sept., 2011, the encroachment made by the petitioner on government land bearing Gut No. 109 of Chitegaon was noticed. The original applicants of the dispute application contended that due to the aforesaid circumstances and as the encroachment was suppressed at the time of filing of nomination, the present petitioner was not eligible to contest the election and she cannot continue as a member of the panchayat in view of the provision of Sec. 14 (1)(j3) of the Bombay Village Panchayats Act.

(3.) Notice of the dispute application was given to the petitioner by Additional Collector. The Additional Collector considered the record like panchanama prepared by revenue officers on 11th Dec., 1997 in respect of encroachment made on Gut No. 116. The petitioner had not only cultivated portion of land but she had constructed a house and that way she had encroached the Gayaran land of village. The Additional Collector considered the record of encroachment made on Gut No. 109 of Chitegaon also which belongs to government. The Collector considered the decision given by Nagpur Bench of this Court in Writ Petition No. 6089 of 2014 and held that the petitioner cannot continue as a member of panchayat and held that she was disqualified. Additional Commissioner has considered the aforesaid circumstances and also position of law. Additional Commissioner has held that the present petitioner had given up her possession over Gut No. 116 in the year 2004 but she made encroachment on other land i.e. Gut No. 109 at Chitegaon and the encroachment was there on 22nd Sept., 2011 and due to the circumstance, the petitioner cannot continue as member of village panchayat. The record of 2015, new panchnama prepared on 01st Oct., 2015 was also considered but the Additional Commissioner held that the said panchanama cannot help the petitioner to save her membership.