Advocates:
['Nagargoje Ankush N', 'COPY SERVED ON GP', '', 'P D SURYAWANSHI', 'AGP', 'CAVEAT FILED BY ADV SAYYED T YASEEN']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.11717 OF 2021

Rajendra s/o Radhakisan Raut,

Age : 48 years, Occupation : Advocate,

R/o Nalwandi, Tq. & Dist.Beed.

...PETITIONER

-VERSUS-

1.

The State of Maharashtra.

Through it’s Secretary,

Rural Development Department,

Mantralaya, Mumbai.

2.

Additional Divisional Commissioner,

Aurangabad Rregion, Aurangabad.

3.

Chief Executive Officer,

Zilla Parishad, Beed.

4.

Radhakisan Laxman Mhetre,

Age : 41 years, Occupation : Agril,

R/o Nalwandi, Tq. & Dist.Beed.

...RESPONDENTS

…

Shri Ankush N. Nagargoje, Advocate for the petitioner.

Shri Kiran B. Jadhavar, AGP for the respondent Nos.1 and 2.

Shri P.D. Suryawanshi, Advocate for respondent No.3.

Shri S.T. Yaseen, Advocate for respondent No.4.

…

CORAM : SMT. BHARATI H. DANGRE, J.

Reserved on :- 02^nd February, 2022

Pronounced on :- 10^th February, 2022

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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

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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 B