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ANUJA PRABHUDESSAI
Sau. Sunita Pruthaviraj Meshram – Appellant
Versus
State of Maharashtra through its Hon. Minister of Rural Development – Respondent
JUDGMENT :
1. Rule. Rule made returnable forthwith. Heard finally with consent of learned counsel for the parties.
2. The Petitioner challenges the order dated 02.08.2021 passed by the Respondent No.2-Additional Commissioner in exercise of powers conferred under Section 39(1) of the Maharashtra Village Panchayats Act, 1959 (hereinafter referred to as “the said Act”) and the order dated 5.10.2021 passed by the Respondent No.1 – Minister rejecting the appeal preferred by the Petitioner under Section 39(3) of the said Act.
3. The Petitioner is a duly elected Sarpanch of the Gram Panchayat Tekadi (Coal-Mine), Parseoni, Nagpur. She has been elected from Scheduled Caste category by direct election process for a term of five years, which is due to expire in the year 2022. In view of complaint received from some of the members, Respondent No.3 – C.E.O. directed the Respondent No.4 - B.D.O. to conduct an enquiry. Pursuant to the preliminary report submitted by the B.D.O., Respondent No.3 allegedly conducted an enquiry under Section 39(1) of the said Act with permission of Respondent No.2. The Respondent No.2 has removed the Petitioner from the office of Sarpanch acting upon the report submitte
The Chief Executive Officer must personally conduct the enquiry under Sec. 39 of the Maharashtra Village Panchayats Act, 1959, and challenges to the enquiry report should be made in the context of on....
Mandatory notice to the panchayat in an inquiry under Section 39(1) of the Maharashtra Village Panchayats Act is essential, and failure to comply renders the inquiry report and subsequent orders inva....
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 provi....
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
The removal of elected office-bearers requires adherence to principles of natural justice and statutory enquiry provisions.
The central legal point established in the judgment is the mandatory requirement of conducting an enquiry and providing an opportunity to show cause before removing an office bearer under Section 40(....
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