Chhatrapati Sambhajingar: Justice Arun Pednekar from the Aurangabad bench of the Bombay High Court upheld the decision of the Nanded District Collector to disqualify a sarpanch for encroaching and staying at Government land.
It may be noted that Sonali Dhepe from Kapsi Gram Panchayat in Loha tehsil of Nanded district submitted an application to the Nanded district collector against the village sarpanch stating that the sarpanch encroached and built a house on Government land.
The sarpanch was staying in the house while filing nomination papers for the election. Sonali Dhepe submitted an application to the district collector who accepted the objection and declared Sarpanch disqualified.The sarpanch filed an appeal with the divisional commissioner who declared him qualified.
Sonali filed a petition through adv Umakant Deshmukh against this decision. Hearing the arguments the court upheld the decision of the district collector.
Adv Ajit Kadethankar appearing for the State Election Commission stated that the decision would help to put a check on those who encroach on Government land in the name of family members and relatives to be away from the law. Adv Kiran Jadhvar represented the Government. Adv Yogita Thora was present for Panchayat Samiti.
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During the arguments, a reference to the Supreme Court case of 2018 Janabai v. Upper Divisional Commissioner and others were given. In this case, it was ruled that if anyone from the member's family encroaches on the property of the government or local self-governing body, the member concerned loses his membership and position.