Inconsistency of observations with the facts and circumstances of the case warrants interference and a fresh enquiry.

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, Aurangabad. The C.E.O., in turn, issued notice to the petitioner and called for her explanation. The petitioner failed to submit her explanation. The C.E.O., in turn, submitted his report to the Additional Divisional Commissioner vide communication dated 6/3/2020, soliciting action under Section 39(1) of the Act. The Additional Commissioner issued the notice to the petitioner, calling upon her to file her response. The respondent No.3 had also been issued with the notice of the said proceedings. The Additional Commissioner found that a sum of Rs.2,40,893/- had not been properly utilized for solid and liquid waste management project. The responsibility was placed on the petitioner and the Gramsevak - Shri P.H. Khandagale. Since the petitioner was held guilty of the misconduct in the discharge of her duties, she came to be held disqualified to hold the post for the remaining period.

4. Shri Prashant S. Shinde, learned counsel for the petitioner would submit that the project of solid and liquid waste management was implemented in the village before the petitioner came to be elected as a Sarpanch of the village. During the tenure of the petitioner, only a sum of Rs.99,863/-had been disbursed to the contractor under three different cheques as the said amount was released by B.D.O. to the Grampanchayat for the very purpose. As such, the observations in both the orders impugned in this petition are inconsistent with the facts. The respondent No.3 and Ex-Sarpanch have filed various false complaints against the petitioner. The learned counsel, therefore, urged for setting aside the impugned orders.

5. Learned A.G.P. supported the impugned orders. Shri Saeed S. Shaikh, and Shri Rahul Patil, learned counsel appearing for respondents No.3 and 4 respectively would, on the other hand, submit that the petitioner has been guilty of misconduct. She did not file her response during the enquiry conducted by the C.E.O. The petitioner, during her tenure as Sarpanch, indulged in misappropriation of public funds. The petitioner has shown Chawadi of the village as waste management plan. The same is evident from the Form No.8. The entries in the Measurement Book have been taken during the tenure of the petitioner. It is the petitioner who issued the certificate in respect of the waste management plan and obtained funds from the concerned authority. The villagers had also made number of complaints against the petitioner in respect of illegal construction and encroachments. Three of the members of the Village Panchayat resigned from their post due to illegal activities of the petitioner - Sarpanch. The B.D.O. conducted a detailed enquiry and submitted the report. The C.E.O. conducted hearing in the matter and thereafter submitted his report. According to learned counsel, the Additiona