The central legal point established is the interpretation of 'misconduct' under Section 39(1)(i) of the Maharashtra Village Panchayats Act, 1959, and the need for strict construction of removal provisions for elected representatives.

JUDGMENT

Sandeep K Shinde, J. - This petition challenges the orders dated 6th February, 2020 passed by the Additional Divisional Commissioner, Aurangabad under Section 39(2) and order dated 10th February, 2021 passed by the Hon'ble State Minister, Rural Development under Section 39(3), both in exercise of powers, under the Maharashtra Village Panchayats Act, 1959; whereby the Petitioners were removed from the office of Group of Gram Panchayat, Karodi Sajapur, for their remaining term as a members of Panchayat.

2. Briefly, stated facts of the case are that, the Petitioner Nos. 1 and 2 were Sarpanch and Up-Sarpanch of the Group of Gram Panchayat, Karodi Sajapur (Panchayat for short). In the year 2017, Petitioner No.1 was directly elected as Sarpanch. Petitioner Nos. 3 to 9 were elected as members of the Panchayat. It may be stated the Respondent No.6 is one of the elected members of the Panchayat. In the meeting of the Panchayat held on 30th January, 2018, Petitioners and Respondent No.6 unanimously resolved to grant development permission to six persons to develop their respective plots. Whereafter Respondent No.6 complained to the Additional Divisional Commissioner, that the resolution dated 30th January, 2018 moved by the Petitioner No.1, was in utter disregard to provision of Section 52 of the Maharashtra Village Panchayats Act, 1959 and it amounts to "misconduct in discharge of his duties". An application under Section 39-A of the Act was moved. Whereafter on 3rd December, 2018, Additional Divisional Commissioner directed Chief Executive Officer, Zilla Parishad, to hold an enquiry against the Sarpanch and submit the report within a month. In pursuance thereto, Block Development Officer held an enquiry and submitted a report dated 7th May, 2019 to Chief Executive Officer, Zilla Parishad, Aurangabad. On 19th June, 2019, Chief Executive Officer issued a show cause notice to the Petitioners as to why they should not be removed from the office of Panchayat in term of Section 39(1) (i) of the said Act. The Chief Executive Officer, after hearing the Petitioners, recorded a finding that, the resolution passed by the Gram Panchayat, granting development permission, was contrary to provisions of Section 52 of the Maharashtra Village Panchayats Act, 1959 and forwarded his report to Addl. Divisional Commissioner. The Add. Divisional Commissioner, after hearing the Petitioners, held them guilty of misconduct for granting illegal development permissions and removed them from the Panchayat and further disqualified Sarpanch and Up-Sarpanch for remainder of the term of office of Panchayat. Feeling aggrieved by the order passed by the Add. Divisional Commissioner, an appeal was preferred before the State, but it was dismissed by the Hon'ble State Minister for village development by order dated 10th February, 2021. These two orders are impugned in this petition.

3. Before adverting to the arguments of the respective counsel for the parties, it would be advantageous to reproduce the relevant provision of the Maharashtra Village Panchayats Act, 1959;

Section 39. Removal from office :

199[(1) The Commissioner may, -

(i) remove from office any member or any Sarpanch or Upa-Sarpanch who has been guilty of misconduct in the discharge of his duties, or of any disgraceful conduct, or of neglect of or incapacity to perform his duty, or is persistently remiss in the discharge thereof. A Sarpanch or Upa-Sarpanch so removed may at the discretion of the Commissioner also be removed from the Panchayat, or

(ii) remove from office the member, Sarpanch or as the case may be, Upa-Sarpanch if not less than twenty per cent, of the total number of voters in the village who have paid all dues of the Panchayat regarding taxes on buildings and lands and water charges, make a complaint that the annual accounts and the report of the expenditure incurred by the Panchayat on the development activities are not placed before the Gram Sabha; and the information thereof is not di