Disqualification of a Sarpanch requires clear evidence of procedural violations; oral communications are insufficient for disqualification, especially regarding women in public office.

JUDGMENT :

1. Heard learned Counsel for petitioner and learned Counsel for respondents.

2. Being aggrieved by the impugned order dated 03.10.2024 passed by the learned Respondent No. 1 i.e. Collector, Akola, Dist. Akola thereby the petitioner was disqualified from the post of Sarpanch of village-Mundgaon, Taluka-Akot, Dist. Akola and further it has been specifically directed that, the petitioner shall be disqualified for remaining tenure of Grampanchayat for the said post as per section 7(1) of The Maharashtra Grampanchayat Act, 1959 (hereinafter referred as MG Act, 1959) upon the alleged complaint made by the respondent No. 3.

3. Petitioner is the Member of Scheduled Tribe and is residing at village Mundgaon along with her family members. The Post for Sarpanch of village - Mundgaon was reserved for S.T. category and the general election of Grampanchayat was held in the year 2022-2023 and the candidate for the post of Sarpanch was to be directly elected from the village Mundgaon. The petitioner being eligible candidate had contested the election for the post of Sarpanch and accordingly she was directly elected from the public for the post of Sarpanch on 20.12.2022. The petitioner resumed the office of Sarpanch on 04.01.2023. The respondent No. 3 was elected as Dy. Sarpanch (Upa-Sarpanch) from the members of the Grampanchayat on 04.01.2023. The said Grampanchayat is consisting of 15 members.

4. The respondent No. 3 who is the Dy-Sarpanch filed an application u/s 07 (1) of MG Act before the respondent No. 1 alleging that, after resuming on the post of Sarpanch the petitioner did not hold the Gram Sabha Meeting on 26.01.2023 and thus, the said meeting was mandatory as per section 7 (1) of MG Act r/w 3 (2) of Gram Sabha Meeting Rules and thus, the petitioner is entitled for disqualification.

5. The respondent No. 1 issued the notice to the petitioner and the respondent No. 2 to produce the report and directed to file the reply. The counsel of the petitioner could not remain present for argument and the petitioner herself made the submissions. The learned Respondent No. 1 after hearing both the parties allowed the application of the respondent No. 5 and passed the order disqualifying the petitioner from the post of Sarpanch for not holding the Gram Sabha Meeting on 26.01.2023 in view of the rule 7 (1) of M.G. Act r/w clause (2) of rule 3. Being aggrieved by the impugned order passed by the respondent No. 1 without considering the mandate of rule 7 (1) of MG Act and rules of Gram Sabha meeting, the petitioner is preferring the present writ petition.

6. Learned counsel for the Petitioner contended that the learned Respondent No. 1 relied upon the information given by the respondent No. 2 under RTI Act that, he had given the oral intimation to the petitioner so as to take Gram Sabha meeting on 26.01.2024 having specific Agenda. Perusal of the said document it shows that, oral instructions / intimation was given by the respondent No. 2 and it does not show that, on which day, date and time the said intimation was given to the petitioner. Thus, it is very clear that, when a specific date is not given by the respondent No. 2 and only oral instructions were given then the said information cannot be believed to be true and it shows a different version that, the said information does not have any authenticity as evidence. Thus, it is sufficient to discard the whole report of the respondent No. 2 and on this count alone the impugned order which is passed upon the report on the respondent No. 2 needs interference by this court and it also needs to be set aside.

7. Learned Counsel for petitioner relied on Manisha Ravindra Panpatil Vs. The State of Maharashtra and ors. In Civil Appeal No.10913 of 2024 arising out of SLP (C) No.15073/2024.

8. The submission of learned AGP is that, as per the Sub-Rule (2) of Rule 3 of the Maharashtra Village Panchayats (Gram Sabha) Rules, 1959, subject to the provisions of Section 7 of the M.V.P. Act, 1959, a Gram Sabha