2011 (4) AIR Bom R 752

Bombay High Court

Hon'ble Judge(s): R. M. Savant , J

( A ) Bombay Village Panchayats Act (3 of 1959) S. 14 (1)(j-3) — Sarpanch — Disqualification — On ground that husband of Sarpanch was encroacher of ‘E’-class land — Additional Collector in Appeal filed by husband of Sarpanch under Maharashtra Land Revenue Code (1966) remanded back matter to Tahsildar for further enquiry as to encroachment — Same Additional Collector in appeal filed by Sarpanch under Bombay Village Panchayat Act (1959) dismissed appeal by holding that husband of sarpanch had carried out encroachment hence sarpanch was disqualified under S.14(1)(j-3) — Same person discharging duties of two authorities thus passing contradictory orders in two proceedings — In view of said fact order of disqualification quashed — Only after issue of encroachment decided in proceedings under Maharashtra Land Revenue Code appeal against disqualification would be heard. (Paras56)