Case Note & Summary
The petition was filed by the elected Sarpanch of Bilawali Gram Panchayat, Taluka Wada, District Palghar, challenging the order dated 27 March 2025 passed by the Collector, Palghar under Section 7 of the Maharashtra Village Panchayats Act, 1959. The Collector had disqualified the petitioner from continuing as Sarpanch on the ground that no meeting of the Gram Panchayat was conducted for a continuous period of 90 days during the financial year 2024-2025. The Gram Panchayat is situated in a Scheduled Area notified under Article 244(1) read with the Fifth Schedule to the Constitution of India, and the petitioner belongs to the Varli Scheduled Tribe. The election to the Gram Panchayat was held on 17 October 2022, and the petitioner was elected as Sarpanch. On 5 July 2024, respondent No.3 filed an application before the Collector seeking disqualification. The court heard submissions from the petitioner, the State, and the contesting respondent, but the judgment does not include the final decision.
Issue of Consideration
Whether the Collector's order dated 27 March 2025 disqualifying the petitioner as Sarpanch of Bilawali Gram Panchayat under Section 7 of the Maharashtra Village Panchayats Act, 1959 for failure to conduct any meeting for a continuous period of 90 days during financial year 2024-2025 is legal and valid.
Law Points
- Section 7
- Maharashtra Village Panchayats Act
- 1959
- disqualification of Sarpanch for failure to hold gram panchayat meetings
- Scheduled Area
- Article 244(1) of Constitution of India
- Fifth Schedule
- Presidential Notification dated 2 December 1986
- Scheduled Tribe
- Varli tribe
Case Details
2025 LawText (BOM) (04) 124
Writ Petition No. 5204 of 2025
Chintamani K. Bhangoji, Lata Bhangoji, Aloka A. Nadkarni, Sandesh D. Patil, Prithviraj S. Gole, Yogesh D. Keny
State of Maharashtra (Through its Secretary, Rural Development Department), Collector, Palghar, Pratik Prabhakar Patil
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Nature of Litigation
Writ petition under Article 226 of the Constitution of India challenging the Collector's order disqualifying the elected Sarpanch of a Gram Panchayat under Section 7 of the Maharashtra Village Panchayats Act, 1959 for failure to hold meetings.
Remedy Sought
Petitioner seeks quashing of the Collector's order dated 27 March 2025 disqualifying him from continuing as Sarpanch of Bilawali Gram Panchayat.
Filing Reason
The Collector disqualified the petitioner on the ground that no meeting of the Gram Panchayat was held for a continuous period of 90 days during the financial year 2024-2025.
Issues
Whether the Collector's order dated 27 March 2025 disqualifying the petitioner as Sarpanch under Section 7 of the Maharashtra Village Panchayats Act, 1959 for failure to conduct any meeting for 90 days during financial year 2024-2025 is legal and valid.
Judgment Excerpts
Challenge in the present petition is to the legality and validity of the order dated 27 March 2025 passed by the Collector, Palghar in a proceeding initiated under Section 7 of the Maharashtra Village Panchayats Act, 1959.
By the said order, the Collector allowed the application filed by respondent No.3 and declared the petitioner – who was elected as Sarpanch of the Bilawali Gram Panchayat – disqualified to continue as Sarpanch on the ground of failure to conduct any meeting for a continuous period of 90 days during the financial year 2024–2025.
the Gram Panchayat of village Bilawali, situated in Taluka Wada, District Palghar, is notified as a Scheduled Area under the Presidential Notification dated 2nd December 1986 issued under Article 244(1) read with the Fifth Schedule to the Constitution of India.
the petitioner belongs to the Varli tribe, which is recognized as a Scheduled Tribe under the Constitution (Scheduled Tribes) Order.
The election to the Bilawali Gram Panchayat was conducted on 17th October 2022, in which the petitioner came to be elected as Sarpanch. On 5th July 2024, respondent No.3 filed an application.
Procedural History
Election to Bilawali Gram Panchayat held on 17 October 2022; petitioner elected as Sarpanch. On 5 July 2024, respondent No.3 filed disqualification application before Collector under Section 7 of Maharashtra Village Panchayats Act, 1959. Collector passed order dated 27 March 2025 disqualifying petitioner. Petitioner filed writ petition before High Court.
Acts & Sections
- Maharashtra Village Panchayats Act, 1959: 7
- Constitution of India: Article 244(1), Fifth Schedule
