Priyanka Sandip Gaware vs The State Of Maharashtra Thr Its ...
2023 Latest Caselaw 3837 Bom

2023:BHC-AS:11909


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                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                            CIVIL APPELLATE JURISDICTION


                                 WRIT PETITION NO.5163 OF 2023


           Priyanka S. Gaware                                         ...Petitioner
                     V/s.
           State of Maharashtra & Ors.                                ...Respondents


           Mr.Surel S. Shah i/b Mr.S.M. Deshpande and Mr.Abhishek R.
           Avachat for the Petitioner.

           Ms.Sushma S. Bhende, AGP for the State - Respondent Nos.1 to 4.


           Mr.R.S. Apte, Senior Advocate with Ms.Sneha                    Bhange        i/b
           Mr.Chaitanya Nikte for the Respondent No.5.

                                               CORAM : R.D. DHANUKA &
                                                       GAURI GODSE, JJ.

DATE : 18TH APRIL, 2023.

P.C. :-

1. By this Petition filed under Article 226 of the Constitution of

India, the Petitioner has impugned the order dated 3 April, 2023

passed by the learned Divisional Commissioner, Pune vide order

dated 30 December, 2022 passed by the District Collector, whereby

the Petitioner has been disqualified as a Member of the

Grampanchayat, Koregaon, Taluka Shirur, District Pune.

2. In the nomination form submitted by the Petitioner, the

Petitioner has claimed to be the owner of the structure constructed

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on the Gairan land i.e. owned by the Government. There was

unauthorized construction carried out on the said Gairan land. The

Respondent No.5 filed a complaint alleging that there was

unauthorized construction carried on the Gairan land by the

Petitioner.

3. Mr.Shah, learned counsel for the Petitioner does not

dispute that in the nomination form, the Petitioner had given the

address of the said structure constructed on the Gairan land as her

residential address and also had disclosed that the said structure

constructed on the said Gairan land is owned by the Petitioner and

her husband.

4. It is submitted by the learned counsel that however, the

Petitioner was not staying in the premises when the said nomination

form was filed. In our view, the said submission is contrary to the

details submitted by the Petitioner in the nomination form disclosing

the same address of the structure constructed on the Gairan land as

residential address and also claimed to be ½ owner of the said

structure.

5. In view of this admitted fact, reliance placed by the learned

counsel for the Petitioner on the judgment of the Hon'ble Supreme

Court in case of Janabai vs. Additional Commissioner & Ors.,

(2018) 18 SCC 196 would not assist the case of the Petitioner.

904-wpl5163-23.doc

6. In our view, condition No.14(1)(j-3) of the Maharashtra

Village Panchayats Act, which provides for disqualification of a

person to be a Member of panchayat, who has encroached upon the

Government land or public property is satisfied in this case. We find

no infirmity in the order passed by the Authorities below. The Writ

Petition is devoid of merit and is accordingly dismissed. No order as

to costs.

(GAURI GODSE, J.) (R.D. DHANUKA, J.)

VASANT ANANDRAO IDHOL

Digitally signed by VASANT ANANDRAO IDHOL Date:

2023.04.20 11:41:43 +0530