Case Note & Summary
The petitioner, Manohar Dnyaneshwar Pote, was the Sarpanch of Gram Panchayat Gundewadi in Jalna district. Respondent No.3, Sahebrao Balwanta Pote, filed an application before the Collector (Respondent No.1) on 22.10.2021 seeking disqualification of the petitioner under Section 7 read with Section 16 of the Maharashtra Village Panchayats Act, 1958, alleging that the petitioner had not conducted four Gram Sabha meetings in the financial year. The Collector issued a notice to the petitioner on 30.12.2021. The Gramsevak (Respondent No.2) submitted a report on 11.05.2022. The petitioner filed his say on 14.06.2022, explaining that the delay in holding meetings was due to the COVID-19 pandemic and prohibitory orders under Section 144 CrPC passed by the Collector himself. Despite this explanation, the Collector, by order dated 08.09.2022, disqualified the petitioner, holding that he had conducted consecutive meetings in a short period without explanation and had not held a meeting at the beginning of the financial year within the first two months. The petitioner challenged this order before the Bombay High Court. The High Court examined the provisions of Section 7 read with Section 16 of the 1958 Act and noted that the Collector had failed to consider the petitioner's explanation regarding the COVID-19 pandemic and the prohibitory orders. The Court observed that the Collector himself had imposed restrictions under Section 144 CrPC, which prevented the holding of Gram Sabha meetings. The Court held that the default was not wilful and that the Collector had acted mechanically. Consequently, the High Court quashed the disqualification order and allowed the petition, restoring the petitioner to his position as Sarpanch and member of the Gram Panchayat.
Headnote
A) Maharashtra Village Panchayats Act, 1958 - Disqualification of Sarpanch - Section 7 read with Section 16 - Failure to hold Gram Sabha meetings - Wilful default - The petitioner, Sarpanch of Gram Panchayat, was disqualified by the Collector for not conducting four Gram Sabha meetings in the financial year. The petitioner contended that the delay was due to COVID-19 pandemic and prohibitory orders under Section 144 CrPC. The High Court held that the Collector failed to consider the petitioner's explanation and that the default was not wilful. The disqualification was quashed. (Paras 2-8) B) Criminal Procedure Code, 1973 - Section 144 - Prohibitory orders - COVID-19 pandemic - Reasonable cause for non-conduct of meetings - The High Court observed that the Collector himself had passed orders under Section 144 CrPC prohibiting gatherings, which prevented the holding of Gram Sabha meetings. Such circumstances constitute reasonable cause and cannot be ignored while disqualifying a Sarpanch. (Paras 3-8) C) Maharashtra Village Panchayats Act, 1958 - Section 7(1) - Mandatory requirement to hold Gram Sabha meetings - Interpretation - The provision requires holding of at least four Gram Sabha meetings in a financial year, but the failure must be wilful to attract disqualification. The High Court emphasized that the Collector must consider the reasons for non-compliance and cannot mechanically disqualify. (Paras 4-8)
Issue of Consideration
Whether the disqualification of the petitioner as a member and Sarpanch of Gram Panchayat for not conducting at least four Gram Sabha meetings in the financial year is sustainable when the failure was due to COVID-19 pandemic and prohibitory orders under Section 144 CrPC.
Final Decision
The High Court allowed the writ petition, quashed the order dated 08.09.2022 passed by the Collector, Jalna, and restored the petitioner to his position as Sarpanch and member of Gram Panchayat Gundewadi. Rule made absolute.
Law Points
- Disqualification under Section 7 read with Section 16 of the Maharashtra Village Panchayats Act
- 1958 requires wilful default
- COVID-19 pandemic and prohibitory orders under Section 144 CrPC constitute reasonable cause for non-conduct of Gram Sabha meetings
- Collector must consider explanation of Sarpanch before disqualifying
- Gram Sabha meetings can be held in compliance with COVID-19 protocols.
