IMPORTANT POINT
[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 Panchayat Act, 1959.]

JUDGMENT/ORDER

1. Heard.

2. This matter pertains to disqualification of the petitioner as a Sarpanch, Gram Panchayat, Chirodi. The petitioner was disqualified by the Divisional Commissioner, Amravati vide order dtd. 20/5/2022 and the said order of disqualification was confirmed by the Hon'ble Minister vide order dtd. 20/10/2022. Thus, the above referred orders are subject matter of the present writ petition.

3. Since, in this matter the disqualification of the petitioner was sought under Sec. 39(1) of the Maharashtra Village Panchayat Act, 1959. The enquiry was conducted by the Chief Executive Officer, Zilla Parishad, Amravati and submitted his report dtd. 11/1/2022 to the Divisional Commissioner. The findings recorded by the Chief Executive Officer are as below:-

"1] According to paper roster when it was necessary to give advertisement relating to work 'one in daily news-paper' and in the 'weekly', however in the complaint filed under 15th Finance Commission at Gram Panchayat Chirodi, advertisement relating to work was published only in one weekly. As a result it revealed that publicity of work has not been done as per the rules. 2] By deciding to pay fees of Rs.200.00 for the tender as published in the advertisement in 'Weekly', dates for lifting and receiving tenders was indicated as 19/04/2021 to 26/04/2021. Accordingly neither anybody deposited fees for tender nor lifted the tender. No fees of anyone for the tender is deposited in the account. As a result it revealed that the Sarpanch and the Secretary in collusion with each other have received all the tenders.

3] Advertisement published by the Gram Panchayat did not mention providing the facility of drinking water to Z.P Schools with 'Sintex Tank'. It revealed that the Sarpanch and the Secretary have not only accepted the tenders but have approved the same. No publicity was given for the said work. 4] It is necessary for the Gram Panchayat to take administrative approval of the members, by holding monthly meeting in respect of the work of 15th Finance Commission. But it is seen that no such administrative approval has been sought.

5] Under Resolution No.5 of the monthly meeting held on 27/04/2021, total tenders of Rs.1, 50, 000.00 ie. Rs.1, 00, 000.00 for providing drinking water facility with 'Sintex' tank to Z.P. School and Rs.50, 000.00 for providing drinking water facility with the tank to Anganwadi, has been approved from 15th Finance Commission Funds. But, the tender submitted by Raj Infratech, Amravati, for the said work has been received by Gram Panchayat on 7/7/2021(07/07/2021). Thus, when the Gram-Panchayat was not in receipt of the tender, on what basis it was approved? From this, it appears that the Sarpanch and the Secretary, by misleading the Panchayat, passed the resolution. Date of receipt of tenders is not mentioned on other tenders. It is seen that irregularity up to a great extent has been committed in the said matter.

6] It is seen that the Sarpanch and the Secretary, while preparing technical estimate of the work viz: 1) Providing drinking water facility to Z.P. School with fitting of 'Sintex' tank - Rs.1, 00, 000.00, 2) drinking water facility to Anganwadi, with tap connection and fitting of the tank - Rs.50, 000.00 3) Electric connection and electric fitting to Anganwadi - Rs.50, 000.00, prepared the estimate and took action with regard to complete the work, without obtaining any technical guidance and technical approval what-so-ever for it.

7] It was shown that the Gram-Panchayat has approved the tenders for providing drinking water facility with 'Sintex' tank to Zilla Parishad School and drinking water facility with the tank, to Anganwadi, in its monthly meeting held on 27/04/2021. But, It is seen that the Administrative Sanction Order was issued in favour of Raj Infratech, Amravati on 23/03/2021 itself. It was also seen that the tender of electric fitting to Anganwadi was approved in the monthly meeting held on 30/08/2021 and the Supply Order was iss