RAJENDRA SHIVSING CHANDA Vs. ADDITIONAL COMMISSIONER, AMRAVATI

JUDGEMENT

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

(2.) An order condoning delay in filing an appeal under Section 16(2) of the Maharashtra Village Panchayats Act, 1958 (for short, 'the said Act') challenging the order rejecting the disqualification proceedings filed against each petitioner from continuing as Member of the Gram Panchayat is under challenge in these writ petitions.

(3.) The facts in brief are that the disqualification of each petitioner was sought under provisions of Section 14(1)(j-3) of the said Act on the ground that encroachment had been committed on Government land as a result of which each petitioner was not entitled to continue as Member of the Gram Panchayat. The Additional Collector while adjudicating said proceedings recorded a finding that encroachment as alleged by the respondent no.4-complainant had not been proved and hence the proceedings for disqualification came to be dismissed. An appeal came to be filed by the complainant but beyond the period of fifteen days as stipulated by the provisions of Section 16(2) of the said Act. In the said proceedings, a preliminary objection was raised by each petitioner that as the appeal had been filed beyond the period of limitation and there being no power to condone delay, each appeal was liable to be dismissed. The Additional Commissioner however proceeded to condone the delay and directed further adjudication on merits. Being aggrieved by these orders, the present writ petitions have been filed.