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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AJIT B.KADETHANKAR
Santosh s/o. Jagannath Galbe – Appellant
Versus
Additional Divisional Commissioner, Aurangabad Division – Respondent
JUDGMENT :
AJIT B. KADETHANKAR, J.
1. Rule. Rule made returnable forthwith. Considering the nature of controversy and apprehension of the petitioner to face the same objection of disqualification in the ensuing election, the petition is taken up for final hearing with the consent of learned counsel for the parties.
2. SUBJECT–MATTER :-
Whether the post of ‘Gram Rojgar Sevak’ under the Maharashtra Employment Guarantee Act, 1977 r/w. MAHATMA GANDHI NATIONAL RURAL EMPLOYMENT GUARANTEE ACT , 2005 and Maharashtra Employment Guarantee Scheme reinforced by the Government of Maharashtra fall within the definition of an office of profit or a salaried position in the office of a Panchayat AND is hit by disqualification under Section 14 (1)(f) or (g) of the Maharashtra Village Panchayat Act, 1958 (“the Act of 1958” for brevity) is the point for consideration in this Writ Petition.
3. FACTS :-
3.1 The facts of the case are not in dispute. The petitioner is an elected Member of Village Panchayat, Devegaon, Tq. Pathri, Dist. Parbhani. He used to work as a Gram Rojgar Sevak under the Government Resolution dated 02.05.2011.
3.2 The respondent no.3 filed a complaint/dispute against the petitioner before
Gram Rojgar Sevak post under employment guarantee schemes, appointed by Gram Sabha with honorarium from 6% administrative expenses, is not salaried office, place of profit or interest under Panchayat....
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.
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
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....
Disqualification of elected officials under the Maharashtra Village Panchayat Act can be upheld based on misconduct linked to their associates, even if direct involvement is not established.
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 Odisha Panchayat Executive Officers Service Rules, 2021 do not violate constitutional rights and do not create vested rights for prior promotional pathways of Grama Rozgar Sevaks, affirming the S....
The State Government has the authority to prescribe the method of recruitment and conditions of service for the appointment of Jogana Sahayak in a Gram Panchayat.
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