JUDGMENT:

1. Heard.

2. Rule. Rule made returnable forthwith.

With consent of parties, heard finally.

3. By the present writ petition, the petitioner is challenging the order dated 29.03.2023, passed by the Hon’ble Minister in an appeal filed under Section 39(3) of the Maharashtra Village Panchayats Act, (hereinafter referred to as “the Act”) confirming the order dated 17.01.2023, passed by the Additional Divisional Commissioner, Aurangabad thereby removing the petitioner as Sarpanch under section 39(1) of the Act. The Commissioner has held the petitioner/Sarpanch guilty of misconduct in discharge of his duties. The Commissioner has held that the petitioner has issued succession certificates beyond the authority vested in him.

Brief Facts

4. The petitioner was elected as member of the Grampanchayat Khirdi from the General category in the election held on 15.01.2021. Thereafter, the petitioner was elected as Sarpanch on 08.02.2021. On 28.04.2022, a dispute was raised by respondent no.8 – Sunil Tukaram Ghusale, before respondent no.3 – the Additional Divisional Commissioner, wherein it was alleged that the petitioner has issued succession certificate without any authority and, as such, pray