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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J. JAMADAR
Janardan Laxman Pawar – Appellant
Versus
Yogesh Chandrabhan Pawar – Respondent
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 22nd 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 th
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 l....
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.
Disqualification under section 14(1)(g) of the Maharashtra Village Panchayat Act requires evidence of direct monetary gain from Panchayat work, which was not present in this case.
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
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.
Point of law: Section 30 of the Gujarat Panchayats Act in light of the present undisputed facts which are stated herein above is giving an impression that the some undue favour appears to have been g....
The main legal point established in the judgment is the timely submission of election expenses and the jurisdiction of the Divisional Commissioner in setting aside the District Collector's disqualifi....
Elected representatives should not be disqualified on flimsy grounds – However, activities which tend to defeat objective of transparency should not be permitted to prevail.
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