IMPORTANT POINT
Strict compliance with resignation procedures under the Maharashtra Village Panchayats Act is mandatory; failure to adhere renders the resignation invalid, especially when disputed.

JUDGMENT :

(SANDEEP V. MARNE, J.)

1) Petitioner, who lost the position as Upa-Sarpanch, has filed this petition challenging order dated 24 October 2024 passed by the Additional Collector, Nashik rejecting the dispute raised by him with regard to the resignation shown to have been tendered by him from the position of Upa-Sarpanch. He also challenges the order dated 10 December 2024 passed by the Additional Divisional Commissioner, Nashik dismissing his appeal against the Collector’s decision. Petitioner is thus aggrieved by the decisions treating his resignation as having taken effect and has accordingly filed the present petition.

2) Briefly stated, facts of the case are that the elections for Gram Panchayat, Rasegaon, Taluka-Deharewadi, District-Nashik were held in the year 2022 for the period 2022-2027. Petitioner contested the elections and was declared elected as a Member of the Gram Panchayat from Ward-B. He was thereafter elected as Upa-Sarpanch in the meeting of the Panchayat held on 26 September 2022. It is alleged that Petitioner tendered his resignation from the position as Upa-Sarpanch on 10 November 2023. He however denies having tendered such resignation and claims that his signature on the letter dated 10 November 2023 is forged. The monthly meeting of the Gram Panchayat was scheduled to be held on 29 November 2023. Petitioner alleges that he was unwell and was hospitalised from 24 November 2023 to 3 December 2023. It is claimed on behalf of the Respondents that the Gram Sevak could not serve the notice of monthly meeting dated 29 November 2023 on the Petitioner since he was residing at Nashik and therefore the agenda of the meeting was communicated to him by Whatsapp message sent by the Gram Sevak on 22 November 2023. Additionally, it is claimed that on 27 November 2023, notice and agenda was also served to the Petitioner on his email id.

3) The monthly meeting of the Gram Panchayat was held on 29 November 2023, in which the Gram Sevak placed letter dated 10 November 2023 allegedly signed by the Petitioner. The Petitioner was not present for the meeting. The Members of the Gram Panchayat adopted a Resolution of having verified genuineness of the resignation letter dated 10 November 2023 and resolved to dispatch a report to the higher officials. The Petitioner sent Whatspapp text message at 12.35 p.m. on 29 November 2023 to the Gram Sevak stating that he had never tendered resignation. The Petitioner raised a dispute before the Collector about his resignation by filing Dispute Application No.51/2023 on 30 November 2023. In the Dispute Application, he claimed that the Members: Smt. Shobha Abbasaheb Apsunde and Shri. Santosh Shankar Salve had fabricated the resignation letter by forging his signature and showing themselves as witnesses on the resignation letter. The Petitioner claimed that he continued to remain admitted in the hospital on the date of filing of the Dispute Application. He accordingly prayed for cancellation of decisions adopted in the meeting dated 29 November 2023 relating to his resignation. The Collector however, proceeded to dismiss the Dispute Application by order dated 24 October 2024. Aggrieved by the Collector’s decision, Petitioner filed Gram Panchayat Appeal No.124/2024 before the Additional Divisional Commissioner, Nashik, who has dismissed the Appeal by order dated 10 December 2024. Petitioner has accordingly filed the present petition challenging the Collector’s order dated 24 October 2024, as well as the order of the Divisional Commissioner dated 10 December 2023. While issuing notices vide order dated 14 December 2024 when the petition was taken up on production board, this Court stayed election of Upa- Sarpanch, which order continues to operate till date.

4) Mr. Gite would appear on behalf of the Petitioner and submit that the orders passed by the Collector and the Additional Divisional Commissioner suffer from gross non-application of mind to the facts of the present case where Petition