LAWS(BOM)-2018-3-169

RAMDAS S/O FULA CHAVAN Vs. ADDITIONAL COMMISSIONER

Decided On March 20, 2018
Ramdas S/O Fula Chavan Appellant
V/S
ADDITIONAL COMMISSIONER Respondents

JUDGEMENT

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

(2.) The petitioner is aggrieved by the order dated 31-

(3.) -2015 allowing the appeal filed by the respondent No.4 and holding the petitioner herein to be disqualified as member of the Gram Panchayat. 3. The respondent No.4 initiated proceedings under provisions of Section 14(1) (j-3) of the Maharashtra Village Panchayats Act, 1959. The disqualification was sought on the ground that in earlier proceedings for removal of encroachment, the Tahasildar had imposed fine of Rs.2000/- on the petitioner after holding that such encroachment was committed. The Additional Collector dismissed the proceedings on the ground that the order imposing said penalty had been set aside and there was no material to conclude that the petitioner had committed encroachment. The Additional Commissioner however allowed the appeal filed by the respondent No.4 by relying upon the order of Tahasildar dated 25-5-2012 imposing fine of Rs.2000/-.