In Brief
This Supreme Court case addresses whether family members of persons who originally encroached upon government land can be disqualified from panchayat membership under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958. The Court held that only the person who first commits the encroachment can be disqualified, not family members merely benefiting from or occupying such property. A family member is disqualified only if they themselves have been convicted for encroachment or have a final eviction order against them. The Court declined to judicially extend the statutory disqualification to family members, holding that where the legislature intended such family liability, it has expressly stated so in other provisions. Proper amendment by the legislature is the appropriate remedy if broader disqualification is desired.
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