Disqualification under Section 14(1)(d) of the Panchayats Act applies automatically post-removal under Section 39, upheld by the court highlighting the legal effects of interim orders.

JUDGMENT :

G. S. Kulkarni, J.

1. This petition under Article 226 of the Constitution of India challenges an order dated 21 February 2024 passed by the Additional Divisional Commissioner (respondent no.2) being the appellate authority, upholding the disqualification of the petitioner as a member of the Gram Panchayat, Tandulwadi, Taluka – Walwa, District – Sangli under the provisions of Section 14(1)(d) of the MAHARASHTRA VILLAGE PANCHAYATS ACT , 1959 (for short, “Panchayats Act”).

2. The facts lie in a narrow compass:- It is the petitioner’s case that prior to elections in question, general elections of the Village Panchayat were held on 16 October 2017 for a five year term till 15 October 2022. The petitioner in such election was elected as a member of the village panchayat and later on as a Sarpanch. In relation to this election, on 18 August 2020, a complaint came to be filed by respondent no.4/Bhanudas Yashwant Mote, before respondent no.2 seeking removal of the petitioner, and some other members of the Village Panchayat under Section 39(1)[Section 39 – Removal from office] of the Panchayats Act. This complaint was adjudicated by respondent no.2 by an order dated 06 December 2021, whereunder the petitioner was removed from the post of Sarpanch of Village Panchayat. The said removal order was challenged by the petitioner by approaching the Hon’ble Minister for Rural Development and Panchayat Raj, Maharashtra State (appellate authority) in an appeal filed under Section 39(3) of the Panchayats Act. By an order dated 23 February 2022, the Hon’ble Minister set aside the removal of the petitioner. Respondent no.4 (complainant) challenged the said order passed by the Hon’ble Minister before this Court in the proceedings of Writ Petition No. 5222 of 2022. In the proceedings of the said writ petition, learned Single Judge passed an order dated 05 September 2022, whereby the writ petition was admitted and an interim relief in terms of prayer clause (b) of the said petition was granted. By virtue of the interim order, the relief which was granted to the petitioner by the Hon’ble Minister (appellate authority) in his appeal against removal as a member of the village panchayat, was stayed.

3. In such situation of a removal of an elected member of the Gram Panchayat under Section 39(1), a disqualification under Section 14(1)(d) of the Panchayats Act automatically kicks in. Section 14(1)(d) inter alia provides that such member of the Panchayat cannot continue as a member till a period of 6 years has not elapsed from the date of such removal, unless by an order of the State Government notified in the Official Gazette, the candidate has been relieved from disqualification arising on account of such removal from the office.

4. It may be observed that the stay orders passed by the learned Single Judge of this Court, in the nature of interim relief, cannot be said that it would have no legal effect. This in as much as, although the appellate authority passed the order dated 23 February 2022 setting aside removal of the petitioner as a member of the Gram Panchayat, such order being stayed by the High Court by an order dated 05 September 2022 in the writ petition filed by respondent no.4, it certainly brought about legal consequences of a disqualification under Section 14(1)(d) of the Panchayats Act taking effect. The petitioner in such situation ought to have applied in the proceedings of the said writ petition for vacating of the stay orders passed by the learned Single Judge, however, the petitioner accepted