Misconduct must be established beyond mere errors of judgment; removal of elected officials requires stringent adherence to statutory procedures.

JUDGMENT :

1. Democracy can be described as “Power of People”, a way of governing, which depends upon the will of the people. For the essence of democracy is the decentralization of power and allowing governance to reach at the grass root level for welfare of people. The local government elected by people imbibes democratic functioning of the society involving people in the area. The local bodies having administrative, legislative and financial autonomy with dedicated bureaucracy at local level, has helped this country realize its dream.

In the words of the father of nation Mahatma Gandhi, “In this structure composed of innumerable villages, there will be ever-widening, never-ascending circles. Life will not be a pyramid with the apex sustained by the bottom. But it will be an oceanic circle whose centre will be the individual always ready to perish for the village, the latter ready to perish for the circle of villages, till at last the whole becomes one life composed of individuals, never aggressive in their arrogance, but ever humble, sharing the majesty of the oceanic circle of which they are integral units.”

2. The aforesaid may not be true for the village Nalwandi located in Taluka and District Beed, when a move was initiated for removal of its Sarpanch by alleging corruption, gross negligence and misconduct in discharge of his duties and his removal was sought by one of the villager/voter, who succeeded in his venture, but in an appeal proceedings, when the Sarpanch is restored to his office, he has approached this Court by filing the present Writ Petition.

3. The election to the post of the Sarpanch of Village Panchayat Nalwandi, Taluka and District Beed, was held in December, 2017 and Respondent No.4 (Shri Radhakisan Laxman Mhetre) came to be directly 3 elected as a Sarpanch of village Nalwandi, which comprises of 13 members and he assumed charge of the said post in January, 2018.

4. In the year 2020 and to be precise on 05.02.2020, the petitioner in this petition, filed a complaint with the Divisional Commissioner, Aurangabad, under Section 39 (1) of the Maharashtra Village Panchayats Act (for short, “the VP Act”), seeking an inquiry into the alleged corruption committed by the Sarpanch and the then Village Development Officer and this relief was sought in the backdrop of the allegations made in paragraphs 1 to 8 of the complaint.

Upon the complaint being preferred, respondent No.4/ Sarpanch filed his detailed reply denying the allegations levelled against him, on 28.04.2021.

5. The Additional Divisional Commissioner i.e. Respondent No.2, addressed a communication to the Chief Executive Officer, Zilla Parishad, Beed, on 15.02.2020 to conduct an inquiry. Pursuant thereto, the fact finding report was called from the office of the Block Development Officer, Panchayat Samiti, Dharur and on receipt of the report dated 29.05.2020, the Chief Executive Officer issued a show cause notice to respondent No.4 on 04.11.2020, as to why action should not be taken against him in the wake of the report submitted by the Block Development Officer. Respondent No.4/ Sarpanch submitted his reply on 17.11.2020 and the Chief Executive Officer conducted an inquiry on 4 17.12.2020 and 30.12.2020.

Upon following the principles of natural justice and recording the prima facie opinion that respondent No.4/ Sarpanch is found to