SHYAM MADHAVRAO MOHOD Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) The petitioners were elected as Member of the Grampanchayat in 2014. The petitioner No.2 is elected as Sarpanch of Grampanchayat in August, 2016. The respondent No.6 had filed a complaint before the Chief Executive Officer, Zilla Parishad on 30th July, 2016 contending that the petitioners were disqualified from continuing as Members of Grampanchayat as they had illegally leased out one room of their house to the Grampanchayat for Anganwadi and were receiving monetary benefits in lieu thereof. The Deputy Chief Executive Officer, Zilla Parishad conducted a preliminary enquiry and submitted his report dated 10th August, 2016. The Deputy Chief Executive Officer stated in his report that the petitioners had given the room for Anganwadi, only with intention of service to the needy students and element of any wrongful gain was not there. The respondent No.6 simultaneously filed petition under Section 16 read with Clause (f) and (g) of Section 14 of the Maharashtra Village Panchayats Act before the Additional Collector praying that the petitioners be disqualified from continuing as Members and Sarpanch of Grampanchayat. After the trial of the petition, the learned Additional Collector held that the petitioners were disqualified under clause (f) and (g) of Section 14 of the Maharashtra Village Panchayats Act from continuing as Members and Sarpanch of Grampanchayat. This order was challenged by the petitioners before the Additional Commissioner in appeal which is dismissed by order dated 4th September, 2017.

(2.) The undisputed facts are:

(3.) Various submissions are made by the learned Advocates for the respective parties. Shri S.D. Chopde, Advocate for the petitioners has pointed out explanation 1-A(iv) below Sub-section (1) of Section 14 of the Maharashtra Village Panchayats Act which lays down that a person shall not be disqualified under Clause (g) if such person is having any share or interest in any lease for a period not exceeding 10 years of any immovable property and before such lease or agreement is extended the Block Development Officer certifies that any other suitable premises were available to Panchayat on lease.