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MANISH PITALE
Jagdish Mannalalji Sancheriya – Appellant
Versus
State of Maharashtra – Respondent
JUDGEMENT :
1. Rule. Rule made returnable forthwith. Heard finally with consent of the learned counsel for the parties.
2. The petitioner is aggrieved by his removal from the elected post of Sarpanch of Gram Panchayat, Anji (Mothi), District – Wardha, under Section 39(1) of the Maharashtra Village Panchayats Act, 1959. The respondent No.2 – Additional Commissioner passed impugned order dated 23.08.2021, removing the petitioner from the elected post of Sarpanch, on the ground that he was found guilty of neglect in performance of his duties. The petitioner had approached the respondent No.1 under Section 39 (3) of the said Act, to challenge the order of his removal, but the respondent No.1 dismissed the appeal, thereby confirming the said order.
3. The petitioner was directly elected as Sarpanch of the said Municipal Council for a period of five years in an election held in March, 2019, thereby showing that his term would expire in the year 2024. The respondent Nos.5 and 6 approached the respondent No.3 – Chief Executive Officer (CEO) with complaint against the petitioner and claimed that he deserved to be removed from the said post of Sarpanch. The respondent No.3 – CEO took into consi
Passing illegal resolution to divest Sarpanch of signing authority despite statutory bar and caution, and deferring welfare funds thereby, constitutes willful misconduct warranting removal of Up-Sarp....
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
The removal of a duly elected Sarpanch through the democratic process, was found to be improper.
Writ court may dismiss challenge to unreasoned removal order if quashing revives illegal exoneration, upholding merits where consistent tender violations establish misconduct sans misappropriation.
The removal of an elected office-bearer must adhere to principles of natural justice, ensuring a fair opportunity to defend against allegations.
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....
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....
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