Disqualification under Section 14(1)(g) of the Maharashtra Village Panchayat Act is upheld due to the established receipt of funds, reflecting a conflict of interest that threatens the integrity of local governance.

JUDGMENT :

N.J. JAMADAR, J.

1. Rule. Rule made returnable forthwith and, with the consent of the Counsel for the parties, heard finally.

2. The Petitioner takes exception to a judgment and order passed by the Additional Divisional Commissioner, Nashik, dated 22^nd April 2025, in Village Panchayat Appeal No. 100 of 2024, whereby the Appeal preferred by Respondent Nos. 1 to 4 herein against a judgment and order passed by the Additional District Collector, Nashik in Village Panchayat Dispute Application No. 43 of 2023 was allowed by setting aside the said order of the District Collector, and, consequently, the Petitioner was declared to be disqualified to hold the post of member of Village Panchayat, Sonambe, for the remaining term of the Village Panchayat, under Section 14(1)(g) of the Maharashtra Village Panchyat Act 1959 (“the Act of 1959”).

3. Shorn of superfluities, the background facts can be stated as under:

3.1 The Petitioner was elected as a member of Sonambe, Gram Panchayat, in the election held in the year 2021. Subsequently, the Petitioner came to be elected as the Sarpanch.

3.2 The Respondent Nos. 1 to 4 filed a dispute before the District Collector, with the allegations that the Petitioner had indulged in misappropriation of the Village Panchayat funds by accepting a sum of Rs.1,50,000/- vide Cheque No. 812761, dated 13^th July 2018, and another sum of Rs.20,000/- vide Cheque No. 812829, dated 13^th August 2019. Thus, the Petitioner had incurred disqualification under Section 14(1)(g) of the Act of 1959.

3.3 The Petitioner contested the claim of the Respondent Nos. 1 to 4 by filing an Affidavit in Reply. It was denied that the aforesaid amounts were paid to the Petitioner. It was contended that the record did not reveal the purpose for which the amount covered by those two cheques was allegedly paid to the Petitioner. Moreover, the amount covered by those cheques was allegedly paid to the Petitioner in the previous term of the Village Panchayat, i.e. 2014-2019. Therefore, the Petitioner cannot be disqualified from holding the office of the member of the Village Panchayat, in the current term, for the alleged acts which transpired during the past term.

3.4 The Petitioner further contended that the Petitioner was not directly or indirectly involved in any work done by the order of the Panchayat or in any contract with the Panchayat. Therefore, the provisions contained in Section 14(1)(g) of the Act of 1959 were not at all attracted.

3.5 The District Collector obtained reports from the Village Officer, Sonambe. It was reported that a sum of Rs. 1,50,000/- was paid to the Petitioner from the account of the Village Panchayat, Sonambe, by Cheque No. 812761 under Voucher No. 6. However, the purpose/work for which the said amount was paid to the Petitioner was not mentioned in the cash book. Likewise, a sum of Rs.2,000/- was paid to the Petition