Dipak Misra, C.J.I. - (1.) The singular question that emanates for consideration in this appeal is whether the forums below as well as the High Court is justified in disqualifying the appellant for continuing as a member of the Gram Panchayat Kalamba (Mahali) on the ground that there has been encroachment upon the government land since 1981 by her father-in-law and husband and she is using the said land. There are concurrent findings of fact that the father-in-law and the husband of the appellant have encroached upon the government land and despite notice, they have not vacated the same on one pretext or the other. As far as these findings are concerned, we are not inclined to interfere with the same as we are of the considered opinion that it is based on apposite analysis of the materials on record.
(2.) The pivotal issue that we have to address is whether the appellant incurs disqualification under the Maharashtra Village Panchayat Act, 1958 (for short, 'the Act'). Section 14 of the Act deals with the said disqualification. The relevant part of Sections 14(1) and 14(1)(j-3) reads as under:- "14. Disqualifications.- (1) No person shall be a member of a Panchayat continue as such, who- (a) to (j-2) xxx xxx xxx (j-3) has encroached upon the Government land or public property."
(3.) The High Court, by the impugned order, has ruled:- "The learned Additional Commissioner has independently examined the material on record and has found that Gram Panchayat had issued notice in 2012 to father-in-law of the petitioner to remove the encroachment. However, it was not complied with and then again Gram Panchayat had sent another communication asking for removal of encroachment to which Shri Kashiram Gaikwad-husband of the petitioner gave reply on 29th June, 2012, accepting that there was an encroachment and justified. The petitioner has not been able to point out any perversity in the findings of fact recorded by the subordinate authorities. I see no reason to interfere with the impugned order".;