JUDGMENT

N. J. Jamadar, J. - Rule. Rule made returnable forthwith and heard finally.

2. This Petition under Article 227 of the Constitution of India assails a judgment and order dated 26th May, 2022, passed by the learned Minister (Rural Development) in VPM/2022/SR 52/PR6, whereby and whereunder the Appeal preferred by the respondent No. 1 against an order of removal from the office of Sarpanch of Village Panchayat, Ambivali, Tal. Mahad, Dist. Raigad, came to be allowed by setting aside the order dated 19th April, 2022, passed by the Divisional Commissioner, Kokan division, under Section 39(1) of the Maharashtra Village Panchayats Act, 1959 ('the Act, 1959').

3. The Petition arises in the backdrop of the following facts:-

(a) Petitioner is a member of Village Panchayat, Ambivali. Respondent No. 1 was directly elected as Sarpanch of the Village Panchayat, Ambivali in the election held in the year 2019.

(b) The petitioner had filed an application being application number Karya3/GP 3/Ambivali/2021/1259, seeking the removal of the respondent No. 1 from the office of Sarpanch alleging misconduct. The substance of the application was that according to the provisions contained in Section 49 of