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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
N.J.JAMADAR
Sau. Poonam Bharat Kudale – Appellant
Versus
State of Maharashtra, Through Minister of Rural Development – Respondent
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 19th 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, co
The judgment establishes that actions constituting misconduct under the Maharashtra Village Panchayats Act, 1959 should not be condoned, even under the policy of woman empowerment, and removal for pr....
The central legal point established is the interpretation of 'misconduct' under Section 39(1)(i) of the Maharashtra Village Panchayats Act, 1959, and the need for strict construction of removal provi....
The court ruled that mere errors or irregularities in the discharge of duties do not constitute misconduct unless they are detrimental to the institution's prestige or involve willful misconduct.
The removal of a duly elected Sarpanch through the democratic process, was found to be improper.
Subjective satisfaction of the Commissioner on disgraceful conduct justifies disqualification without a conviction under the Maharashtra Village Panchayats Act.
Misconduct under Section 39(1)(i) of the Maharashtra Village Panchayats Act requires wrongful intention; mere irregularities without intent do not constitute misconduct.
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.
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