Passing illegal resolution to divest Sarpanch of signing authority despite statutory bar and caution, and deferring welfare funds thereby, constitutes willful misconduct warranting removal of Up-Sarpanch and Member.

JUDGMENT :

N. J. JAMADAR, J.

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

2. By this petition under Article 227 of the Constitution of India the petitioner assails the legality, propriety and correctness of an order dated 19^th August, 2025 passed by the Minister, Rural Development and Panchayatraj, Government of Maharashtra in Appeal No. VPM-2025/Á-Ø-07/2025, whereby the appeal preferred by the Respondents No. 5 and 6 – the Up-Sarpanch and Member of Village Panchayat – Hiware, against an order passed by the Divisional Commissioner, Pune removing the respondents from the post of Sarpanch and Member of the Village Panchayat in exercise of the power under Section 39 (1) of the Maharashtra Village Panchayats Act, 1959, (“the Act, 1959”) came to be allowed by setting aside the said order of removal.

3. Shorn of unnecessary details, the background facts can be stated as under:-

3.1 In the general elections for Hiware Village Panchayat, the petitioner was elected as a member and Sarpanch of the Village Panchayat. The Respondent No. 5 was elected as Up-Sarpanch. The Respondent No. 6 was elected as a member of the Panchayat, constituted by nine members.

3.2 The petitioner lodged a dispute with Divisional Commissioner, Pune (R-2) and sought the removal of the Respondents No. 5 and 6 and the other members of the Village Panchayat, purportedly under Section 39 (1) of the Act, 1959. The petitioner alleged various acts of misconduct, disgraceful conduct or negligence in the performance of their duties by Respondent Nos. 5 and 6 and the other members of the Panchayat. It was inter alia alleged that, the proceedings books of the meeting of the Village Panchayat were forged and fabricated, in the monthly meeting of the panchayat held on 23^rd January 2023 an illegal resolution to confer the Signing Authority of the Sarpanch upon the Up-Sarpanch was passed though the said subject was not on the agenda of the meeting, false and forged documents were created to cause wrongful gain to the contractor and a wrongful loss to the Panchayat and by making false and motivated allegations the petitioner was made to suffer inquiries, and hindrances were put in the discharge of her duties as the Sarpanch of the Panchayat.

3.3 Upon receipt of the said dispute, in accordance with the provisions contained in the proviso to Section 39 (1), the Chief Executive Officer was directed to conduct an inquiry and submit a report to the Divisional Commissioner. Pursuant thereto, the Chief Executive Officer conducted an inquiry and submitted a report on 29^th July, 2024.

3.4 The Chief Executive Officer reported that, the inquiry revealed that, in the monthly meeting of the Panchayat dated 23^rd January 2023, the resolution to confer the Signing Authority of the Sarpanch upon the Up- Sarpanch/Respondent No. 5, was passed despite the Village Development Officer having apprised the members of the Panchayat that in view of the provisions contained in Section 38 and 57 of the Act, 1959 such resolution cannot be passed. The Respondent No. 6 was the proposer and the Respondent No. 5 was the seconder for the said resolution However, since no guidance was received from the Panchayat Samiti, Purandar, the sa