JUDGMENT : 1. The allegation against the petitioner who is the Sarpanch is that she has encroached upon the portion of the plot allotted to her husband's brother. The letter of allotment in the name of husband's brother is placed on record at Annexure P-1 and this is the finding recorded at page 31. Prima facie, such encroachment on the private property which is neither public property nor Government property is not covered by Section 14(1)(j-3) of the Maharashtra Village Panchayat Act. Rule made returnable forthwith. 2. The matter is pending before the Commissioner in appeal. Hence, there shall be stay to the order of disqualification pending the decision by the Commissioner in appeal. 3. The writ petition is disposed of with a direction to the Commissioner to decide the matter within a period of three months from the date of first appearance of the parties before it. The parties to appear before the Commissioner on 24th October, 2016. Rule is made absolute in above terms. No orders as to costs.