JUDGMENT

1. The challenge in this Writ Petition is to the order passed by the Additional Commissioner, Aurangabad, dated 16/9/2020 in No.DB/DESK-2/ZPVP APPLICATION/CR/179/ 2019 and confirmed by the Hon'ble Minister for State, Rural Development, vide order dated 6/11/2020 in VPM-2020/PET. NO.71/PANRA-6.

2. By the impugned order dated 16/9/2020, passed under Section 39, the Additional Commissioner, Aurangabad held the petitioner to be disqualified to hold the post for the remaining period of the Village Panchayat [ under Section 39(1) of the Maharashtra Village Panchayats Act (for short, the Act) ]. The Minister has confirmed the said order. The petitioner is, therefore, before this Court.

3. The facts necessary to decide this petition are as follows :-

The petitioner was elected as Sarpanch of village Nandrabad, Taluka Gangapur, District Aurangabad on 8/10/2017. The respondent No.3 filed the complaint dated 26/2/2018, alleging misappropriation of funds in implementation of Village Development Schemes. Pursuant to the said complaint, the Block Development Officer (B.D.O.) conducted enquiry and submitted report dated 8/3/2019 to the Chief Executive Officer (C.E.O.), Zilla Parishad, Aurang