Advocates:
['NAGARGOJE ANKUSH N AND MANE DHAIRYASHIL M', 'COPY SERVED ON GP', '', 'CAVEAT FILED BY ADV DESHMUKH UMAKANT B']

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO. 14130 OF 2019

Saroja w/o Shirish Behare,

Age: 35 years, Occu. Agri.,

R/o: Malwada, Tq. Mahur,

Dist. Nanded

….PETITIONER

VERSUS

1.

Laxman Sonbaji Behare,

Age: 40 years, Occu. Agri.,

R/o: Malwada, Tq. Mahur,

Dist. Nanded

2.

Block Development Officer,

Panchayat Samiti, Mahur,

Tq. Mahur, Dist. Nanded

3.

District Collector,

Nanded

4.

Additional Commissioner,

Aurangabad Division, Aurangabad

5.

The State of Maharashtra,

Through its Secretary,

Rural Development Department,

Mantralaya, Mumbai

….RESPONDENTS

………..

Mr A. N. Nagargoje, Advocate for petitioner;

Mr U. B. Deshmukh, Advocate for respondent No.1;

Mr K. B. Jadahvar, A.G.P. for respondents/State

CORAM : SMT. BHARATI DANGRE, J.

Date of Reserving the Judgment : 20^th January, 2022

Date of pronouncing the Judgment : 27th January, 2022

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JUDGMENT :

1.

The petitioner, Sarpanch of Village Panchayat Malwada, is

aggrieved by her disqualification vide order dated 03/07/2019, by

the Collector Nanded, under Section 14 (1)(g) read with Section

16 of the Maharashtra Village Panchayats Act, 1958 (hereinafter

referred to as ‘the 1958 Act’) The order of disqualification was

upheld by the Divisional Commissioner, Aurangabad in an appeal

filed by her when her appeal came to be dismissed on 23/10/2019.

On the writ petition being filed, the notice is issued to the

respondent No.1, and also to the other authorities being impleaded

as respondent Nos.2 to 5.

2.

I have heard the learned Counsel Shri. Ankush Nagargoje

for the petitioner and the learned Counsel Shri. Umakant

Deshmukh for respondent No.1. The State authorities are

represented by the learned AGP Shri. K.B. Jadhavar.

Since the respective learned Counsel express their

consensus to argue the writ petition finally at the stage of

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admission, I have issued “Rule”. Rule is made returnable

forthwith. Heard finally by consent of the parties.

3.

The facts involved lie in a narrow compass and would

reveal that the petitioner came to be elected as Sarpanch of

Village Panchayat, Malwada in the election held in October 2017.

Pertinent to note that she came to be elected as Sarpanch directly

from the voters in the wake of the manner effected in the 1958 Act

in the form of Section 30A-IA by Maharashtra Village Panchayat

Amendment Act of 2018. On being elected, she assumed the

charge of the office on 24/12/2017. The Village Panchayat

Malwada comprise of 7 members and one directly elected

Sarpanch.

Respondent No.1 is the political rival of the petitioner and

incidentally, he is also husband of Smt. Sunita Laxman Behare,

who was holding office of Sarpanch, prior to the election of the

petitioner. The petitioner defeated Smt. Sunita Behare and the

respondent No.1 had a grudge against her and immediately upon

election of the petitioner, he started lodging frivolous complaints

and some of the members of the Panchayat, who were holding

office along with the petitioner, also joined hands with him.

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4.

On 01/09/2018, the respondent No.1 filed a complaint with

the Collector Nanded in the form of Dispute No.1/2018, seeking a

declaration that the petitioner should be disqualified from the post

of Sarpanch on the basis of the allegations levelled in the

complaint, being that the petitioner is guilty of committing

illegalities in making payment of Rs.54,500/- in name of an

agency “Shivashish” Agency” and it was alleged in the complaint

that the payment due under MNREGA Scheme, was illegally

made and this amounted to misappropriation and provision of

Section 14 (1)(g) of the 1958 Act was invoked to submit that she

had incurred a disqualification and th