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A. S. CHANDURKAR, V. V. JOSHI
Rahul – Appellant
Versus
Divisional Commissioner – Respondent
JUDGMENT/ORDER
A.S.CHANDURKAR, J. - Both the writ petitions have been heard together considering the nature of challenge as raised therein.
2. The petitioner in Writ Petition No.5879 of 2023 has been elected as Sarpanch of Gram Panchayat Rajanda, Taluka Barshitakli, District Akola. The respondent Nos.5 to 10 in the said writ petition who are the petitioners in Writ Petition No.1277 of 2023 filed proceedings under Sec. 39 of the Maharashtra Village Panchayats Act, 1959 (for short, 'the Act of 1959') on 3/1/2023 seeking disqualification of the Sarpanch. On such proceedings being filed before the Divisional Commissioner, Amravati a communication dtd. 10/1/2023 was issued by the Divisional Commissioner to the Chief Executive Officer, Zilla Parishad, Akola to conduct an enquiry as contemplated by Sec. 39(1) of the Act of 1959 and submit a report in that regard. On receiving this communication, the Chief Executive Officer on 20/1/2023 issued a communication to the Block Development Officer, Panchayat Samiti, Barshitakli to obtain all relevant information from the concerned parties and after making an enquiry submit a report in that regard. It was further stated that such report/say was dir
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 court established that a comprehensive review of all findings related to misconduct is essential before making a decision on disqualification under Sec. 39(1) of the Maharashtra Village Panchaya....
The Divisional Commissioner cannot delegate the authority to conduct inquiries regarding disqualification under the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961, as such powers are not ....
The removal of elected office-bearers requires adherence to principles of natural justice and statutory enquiry provisions.
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....
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
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