BHAGWAT S/O GANPAT GAWALI Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith.

(3.) The petitioner is an elected Member and Sarpanch of the Gram Panchayat. The respondent no. 5 had filed an application before the District Collector contending that the petitioner is disqualified to be a member and Sarpanch of the Gram Panchayat in view of the provisions of Section 14 (1) (j3) of the Maharashtra Village Panchayats Act, 1958 (for short "the Act of 1958") as he is an encroacher over the Government land. By the order dated 16/12/2017, the learned Collector upheld the claim of the respondent no. 5 and declared that the petitioner is disqualified to be the Member and Sarpanch of the Gram Panchayat. The petitioner had challenged this order before the Divisional Commissioner in appeal under Section 16 (2) of the Act of 1958 which is dismissed by the impugned order.