Section 14 (1)(g) of the Maharashtra Village Panchayats Act, 1958 aims to disqualify a Sarpanch who misuses their position by misappropriating public money through contracts awarded to relatives.

JUDGMENT :

1. Heard. Rule. It is made returnable forthwith. Mr. I.K. Wagh, learned advocate and Mr. K.B. Jadhavar, the learned AGP waive notice for the respective respondents. At the request of the learned counsel for the parties, the matter is heard finally at the admission stage.

2. Petitioner takes exception to the order dated 07.04.2022 passed by the Additional Divisional Commissioner, Aurangabad rejecting her appeal and confirming the order passed by the Collector, Beed dated 05.01.2022 by which she has been disqualified for being a Sarpanch. Petitioner was earlier disqualified on 09.12.2021 under the provisions of Section 39 (1) of the Maharashtra Village Panchayats Act, 1958 (hereinafter referred to as the ‘Act of 1958’) on the basis of the report of the Chief Executive Officer, Zilla Praishad. Her disqualification has been set aside by this Court by order dated 26.09.2022 passed in Writ Petition No.7812 of 2022 on the ground that the Chief Executive Officer had not conducted independent enquiry as envisaged under Section 39 (1) of the Act of 1958. The matter came to be remanded back to the Additional Commissioner with a further direction to the Chief Executive Officer, Zilla Parishad to hold an enquiry by giving an opportunity of hearing to all concerned.

3. Simultaneously, the Collector initiated disqualification proceedings under the provisions of Section 14 (1)(g) of the Act of 1958 on the ground of the petitioner having interest in the contracts awarded by the grampanchayat. After granting an opportunity of hearing to the petitioner, order came to be passed on 05.01.2022 holding that various amounts meant to be paid to the contractors were found to be deposited in the accounts of petitioner’s husband, father-in-law and brother-in-law. She is therefore disqualified under the provisions of Section 14 (1) (g) of the Act of 1958 by order dated 05.01.2022. The order is upheld by the Additional Divisional Commissioner by dismissing the petitioner’s appeal by order dated 07.04.2022.

4. Mr. Shekade, the learned counsel for the petitioner would submit that the Collector as well as the Additional Divisional Commissioner have relied upon the very same report of the Chief Executive Officer, which has been discarded by this Court by its order dated 26.09.2022. That on account of consideration on that report of the Chief Executive Officer, the orders are vitiated. So far as the aspect of deposit of amounts in the accounts of petitioner’s – husband, father-in-law and brother-in-law is concerned, Mr. Shekade would contend that this might lead to initiation of criminal action against them, but the same cannot be a ground to disqualify the petitioner who is democratically elected representative. In support of his contention, Mr. Shekade relies upon the judgment of this Court in Jyotitai Vikas Gawande vs. Additional Commissioner and others, 2009 (5) Mh.L.J. 486.

5. Per contra, Mr. Wagh, the learned counsel for respondent nos.1 and 2 opposes the petition and supports the orders passed by the Collector and Additional Divisional Commissioner. He would submit that apart from the report of Chief Executive Officer, the Collector has also considered the bank statements of petitioner’s husband, father-in-law and brother-in-law and has rightly arrived at a conclusion that the amounts meant to be paid to the contractors have only been received by them. He would further submit that the receipt of amounts by them would clearly indicate the interest of the petitioner in those contracts. He therefore prays for dismissal of the petition.

6. Mr. Jadhavar, the learned AGP for the State Government also opposes the petition and supports the orders passed by the Collector and the Additional Divisional Commissioner.

7. Rival contentions of the parties now fall for my consideration. 8. Petitioner is disqualified under the provisions of Section 14 (1) (g) of