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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH
M. S. JAWALKAR
Ku Rajashree Ramdas Sapkal (Sau. Rajashree Ashok Borade) – Appellant
Versus
Hon’ble Minister, Ministry of Rural Development, Mumbai – Respondent
JUDGMENT :
M.S. JAWALKAR, J.
1. Heard learned Counsel for petitioner and learned Counsel for respondents.
2. By the present petition, the petitioner is challenging the order dated 23.11.2023 passed by the respondent No. 1-Hon’ble Minister, Rural Development Department received by the petitioner on 13.05.2024 from the office of respondent No. 3-Zilla Parishad, Akola, thereby confirmed the order dated 01.08.2023 passed by the respondent No. 2-Divisional Commissioner, Amravati and disqualified the petitioner from the post of member as well as Sarpanch of Gat Gram Panchayat Raher Adgaon by taking recourse of provisions of Section 39(1) of the Maharashtra Village Panchayat Act, 1959 on account of disgraceful conduct as alleged in the matter.
3. In January 2021, general elections were held and the petitioner is elected as a member of Gram Panchayat Raher Adgaon from Prabhag No. 1 which was reserved for Backward Category (women) and thereafter duly elected as Sarpanch. Respondent Nos. 6 to 10 are also elected as members. The complaint made by one Arif Kha Musa Kha Pathan alleging that a demand for illegal gratification was made by the petitioner's husband in respect of the payment which was t
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.
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.
The judgment establishes that actions constituting misconduct under the Maharashtra Village Panchayats Act, 1959 should not be condoned, even under the policy of woman empowerment, and removal for pr....
The court upheld the removal of a Sarpanch for misconduct, affirming that due process was followed and principles of natural justice were adequately met.
The removal of a duly elected Sarpanch through the democratic process, was found to be improper.
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