JUDGMENT :

1. The petitioner, who is a Sarpanch of Village Panchayat, Warapgaon, Tq. Ambajogai, Dist. Beed, is aggrieved by an order passed by the Divisional Commissioner, Aurangabad, thereby removing him from the said post under Section 39(1) of the Maharashtra Village Panchayats Act (herein after referred to as “said Act”) and further by the order passed by the Hon’ble Minister (Rural Development), upholding the said order in an Appeal instituted by him under Section 39(3) of the said Act.

2. Heard learned Counsel Shri. Mayur V. Salunke for the petitioner, learned AGP for respondent/State, learned Counsel Shri. P. D. Suryawanshi for respondent no. 3, learned Advocate Shri.A. A. Khande for respondent no. 4, 5, 6 & 8 and learned Counsel Shri. R. T. Deshmukh for respondent no. 7.

Rule. Rule is made returnable forthwith and the petition is taken up for final hearing by consent of parties.

3. A cursory look at the facts involved would reveal that the petitioner was directly elected as a Sarpanch, since the majority of the villagers voted in his favour, when the election to the post of Sarpanch of village Warapgaon was held in October-2017. On his election, he assumed the charge and he continued to discharge his functions as Sarpanch of the village and the contention of the petitioner is that he is made a fall guy in the political tussle of the village panchayat, which comprised of nine members.

The background in which the allegations are faced by the petitioner is in respect of a decision taken by the Gram Panchayat in its meeting to reconstruct two rooms of the Zilla Parishad Primary School in the village, since it was in dilapidated condition. The Village Panchayat obtained necessary permision from the Zilla Parishad to demolish the rooms and reconstruct them. Accordingly, the rooms came to be demolished and the rubble of the demolished rooms were kept in the custody of the Headmaster of the School, who acknowledged the receipt of the possession of certain material including tin sheets, iron angles, broken tiles etc.

4. To utter dismay of the petitioner, this became a ground for a complaint being lodged against him seeking his removal at the hands of one Tanba Baburao Landge and four others. This complaint dated 12.06.2019 came to be filed by invoking Section 39 of the Maharashtra Village Panchayat Act and was addressed to the Divisional Commissioner, Aurangabad Division, Aurangabad seeking removal of the petitioner from the post of Sarpanch. Gist of the allegations in the complaint is to the effect that the Gram Panchayat, Warapgaon had passed a resolution for reconstruction of two rooms of the Zilla Parishad Primary School in the village and when the existing structure was demolished with the permission of the Zilla Parishad, the Sarpanch i.e. the petitioner, without intimating to the Gram Panchayat disposed of its ruins in form of stones in the wall, tin sheds, tiles and iron angles to one Mahadev Kundlik Shinde. This act was alleged as amounting to misappropriation and, therefore, a prayer was made to disqualify the petitioner. The copy of the complaint is placed on record as an accompaniment to the petition.

The complaint thus alleged misappropriation of the debris and it is stated that whatever material became available on demolition of the rooms, it ought to have been made over to the Gram Panchayat and after carrying an auction of the said material, the amount ought to have been encashed in the account of the Panchayat but by not doing so and by adopting his own discretion by misusing the position as Sarpanch, the petitioner was accused of disposing of the same at his own level.

5. Careful reading of the petition, along with it’s annexures reveal that in furtherance of the allegation so made, the Divisional Commissioner, Aurangabad, authorized the Chief Executive Officer to conduct an inquiry. As a sequel thereof, a fact finding report was called from the Panchayat Samittee, Ambajogai and this report dated 27.01.2020, refer to