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ANIL S. KILOR
Mala Rajesh Chauhan – Appellant
Versus
Minister , Rural Development – Respondent
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:-
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.
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 main legal point established in the judgment is that the removal of the petitioner from the post of Sarpanch was illegal and beyond the scope of Section 57(1) of the Gujarat Panchayats Act, 1993.
Writ court may dismiss challenge to unreasoned removal order if quashing revives illegal exoneration, upholding merits where consistent tender violations establish misconduct sans misappropriation.
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
Compliance with the principles of natural justice and the authority of the Chief Executive Officer under Section 92 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.
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