Advocates:
['TOPE SAMBHAJI S', 'COPY SERVED ON GP', '', 'CAVEAT FILED BY ADV PANKHADE SAMBHAJI T AND', 'ADV BHARAT PANKAJ A']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.7298 OF 2019

ARSHIYABEGUM SHAIKH RABIB

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...

Shri Sambhaji S. Tope, Advocate for the petitioner.

Shri N.T.Bhagat, AGP for respondent nos.1 to 3/ State.

Shri A.N.Nagargoje, Advocate h/f Shri P.A.Bharat, Advocate for

respondent nos.7 and 8.

...

CORAM: RAVINDRA V. GHUGE, J.

DATE :- 26^th June, 2019

Oral Order:

1

The petitioner, who is a directly elected Sarpanch of Gram

Panchayat, Latifpur, is aggrieved by the order dated 04.12.2018 passed

by the District Collector, Jalna disqualifying the petitioner under Section

14(1)(g) of the Maharashtra Village Panchayats Act (for short, hereinafter

to be referred to as “the said Act”). She is also aggrieved by the order

dated 11.06.2019 passed by the Additional Divisional Commissioner,

Aurangabad dismissing her appeal and confirming her disqualification.

2

This matter was heard extensively on 21.06.2019 and today.

The undisputed factors emerging from the record and the submissions of

the learned advocates for the respective sides, are as under :-

(a)

The petitioner is a directly elected Sarpanch of Village

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Panchayat, Latifpur, Taluka Bhokardan, District Jalna in the

elections held in October, 2017, the results of which were

declared on 10.10.2017.

(b)

The tenure of the earlier Gram Panchayat was from

27.11.2012 till 26.11.2017. The father-in-law of the

petitioner was elected as a Sarpanch.

(c)

The father-in-law belongs to the Nationalist Congress Party

(NCP).

(d)

The post of Sarpanch was reserved for the Women's category

and a direct election to the post of Sarpanch was held.

(e)

The petitioner, who also belongs to the NCP, contested the

said elections and the voting took place on 07.10.2017. She

was declared elected on 10.10.2017.

(f)

The Chief Executive Officer, Zilla Parishad, Jalna granted

administrative sanction for laying of cement roads in the

village Latifpur on 22.08.2017.

(g)

A tender notice with regard to the laying of the cement road

was floated under the sanction of the Zilla Parishad, Jalna on

20.11.2017.

(h)

The closing date for submission of tenders was 27.11.2017,

the date on which the petitioner took charge as the new

Sarpanch.

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(i)

The e-tenders were opened at 03:30 pm on 28.11.2017 by the

Gram Panchayat, Latifpur.

(j)

A meeting of the Gram Panchayat was convened by the

Secretary on 27.11.2017 when the Up Sarpanch was elected

from amongst the elected members of the Village Panchayat.

(k)

As S.K.Majoor Cooperative Society Limited, Latifpur was

found to be the lowest bidder, the contract was awarded and

the petitioner issued the work order under her signature on

06.12.2017 to the said society.

(l)

Respondent nos.6, 7 and 8 raised an objection before the

District Collector praying for disqualification of the petitioner

since the Society, which was granted the tender, was led by

the father-in-law of the petitioner.

(m)

By the impugned order dated 04.12.2018, the District

Collector accepted the complaint and disqualified the

petitioner.

(n)

By order dated 11.06.2019, the appeal preferred by the

petitioner was rejected by the Additional Divisional

Commissioner, Aurangabad.

3

The learned counsel for the petitioner has strenuously

contended that though the Society, which was a successful lowest bidder,

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has the father-in-law of the petitioner as it's Chairman, it would not be

sufficient to invoke Section 14(1)(g) of the said Act for disqualifying the

petitioner on the ground that she has a direct or indirect interest in the

work allotted to the said Society of the father-in-law. It is specifically

canvassed that the case of the petitioner would not fall within the

meaning of “by himself or his partner” and as such, if no interest of the

petitioner is established and if she is not