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S. G. MEHARE
Salim Khan Mahemood Khan Pathan – Appellant
Versus
State of Maharashtra – Respondent
ORDER :
S. G. Mehare, J.
The petitioner, in both petitions, has impugned the order of the Hon'ble Minister passed in case No. VPM-2023/Pan.Kra.10/ PanRa-6, dated 23.01.2024.
2. The brief facts of the cases are that the petitioner is a voter of the village panchayat, and respondent No.1 is the elected member and Sarpanch of the Village Panchayat. He made a complaint against respondent No.1 under section 39(1) (i) of the Maharashtra Village Panchayats Act, 1959 ("Act, 1959", for short), alleging that respondent No.1, by misusing and exceeding his powers issued the death and birth certificates and succession certificates to the villagers. It is a misconduct in the discharge of his duties, his acts are disgraceful conduct and negligence.
3. On the complaint of the petitioner, respondent No.3, Divisional Commissioner, directed the Deputy Chief Executive Officer to hold an inquiry as contemplated in proviso to section 39 of the Act, 1959. He further directed to the Block Development Officer to hold inquiry. The Block Development Officer directed the Extension Officer (Panchayat) to hold inquiry. He served a notice upon respondent No. 1, gave him hearing and recorded the statements of the con
Misconduct under Section 39(1)(i) of the Maharashtra Village Panchayats Act requires wrongful intention; mere irregularities without intent do not constitute misconduct.
The court ruled that mere errors or irregularities in the discharge of duties do not constitute misconduct unless they are detrimental to the institution's prestige or involve willful misconduct.
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....
The removal of a duly elected Sarpanch through the democratic process, was found to be improper.
Disqualification of elected officials under the Maharashtra Village Panchayat Act can be upheld based on misconduct linked to their associates, even if direct involvement is not established.
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
Inconsistency of observations with the facts and circumstances of the case warrants interference and a fresh enquiry.
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