HC stays disqualification of Sarola sarpanch

Lokmat News Network

Chhatrapati Sambhajinagar:

Justice Santosh G. Chapalgaonkar of the Aurangabad Bench of the Bombay High Court has stayed the order disqualifying Rekha Mohan Gaikwad, sarpanch of Sarola grampanchayat in Sillod tehsil. The court observed that the inquiry report does not record any finding that the sarpanch or her father-in-law had encroached upon government land. Therefore, prima facie, the disqualification order is not legally sustainable. Based on this observation, the bench granted a stay on the disqualification order against the above sarpanch.

Allegation of encroachment by misuse of office

Rekha Gaikwad was directly elected as sarpanch in the general elections held in 2022. Komal Bharat Gaikwad filed a dispute application before the district collector alleging that the sarpanch had misused her position to encroach upon 44 square feet of land.

Pursuant to the complaint, the district collector directed the tehsildar to submit an inquiry report. Accordingly, a joint inquiry report was submitted by the tehsildar and the bloc development officer (BDO), panchayat samiti, Sillod. The report stated that the sarpanch had encroached upon 0.5 square feet in House No. 192.

Legal proceedings

Based on the inquiry report, the district collector declared sarpanch Rekha Gaikwad disqualified from continuing as a member of the grampanchayat. Challenging this decision, Rekha Gaikwad filed an appeal before the divisional commissioner (Chhatrapati Sambhajinagar), along with an application seeking a stay of the order. However, the divisional commissioner rejected the stay application.

Thereafter, Rekha Gaikwad filed a writ petition before the Aurangabad Bench of the Bombay High Court through Adv Ravindra Gore, challenging the rejection of the stay application. Advocate Gore argued that the inquiry report does not clearly state that the alleged encroachment was on government land and, therefore, the district collector’s order deserved to be stayed.