Case Note & Summary
The petitioner, Sarpanch of Village Panchayat Malwada, was disqualified by the Collector Nanded under Section 14(1)(g) read with Section 16 of the Maharashtra Village Panchayats Act, 1958, on the ground that her husband had been awarded a contract for construction of a Gram Panchayat building. The disqualification was upheld by the Divisional Commissioner on appeal. The petitioner challenged the orders by way of a writ petition. The facts revealed that the contract was awarded on 20/12/2017, while the petitioner assumed office as Sarpanch on 24/12/2017. The court noted that the petitioner was directly elected as Sarpanch under the amended provisions of the Act. The respondent No.1, the political rival and husband of the previous Sarpanch, had filed the complaint leading to the disqualification. The court heard the counsels for both sides and the State. The court held that Section 14(1)(g) disqualifies a person who has a direct or indirect interest in a contract with the panchayat. However, the contract in question was awarded before the petitioner became Sarpanch, and there was no evidence that she had any interest in the contract or that she influenced its award. The court emphasized that disqualification provisions must be strictly construed and cannot be extended to cover contracts entered into prior to assuming office. The court quashed the orders of disqualification and allowed the writ petition, restoring the petitioner to the office of Sarpanch.
Headnote
A) Panchayati Raj - Disqualification of Sarpanch - Section 14(1)(g) read with Section 16 of the Maharashtra Village Panchayats Act, 1958 - Conflict of Interest - The petitioner, Sarpanch of Village Panchayat Malwada, was disqualified by the Collector for a contract awarded to her husband for construction of a Gram Panchayat building. The contract was awarded on 20/12/2017, before the petitioner assumed office on 24/12/2017. The court held that the disqualification provision requires a direct or indirect interest in a contract with the panchayat, and since the contract was entered into before the petitioner became Sarpanch, there was no conflict of interest. The disqualification was quashed. (Paras 1-10) B) Statutory Interpretation - Strict Construction of Disqualification Provisions - Section 14(1)(g) of the Maharashtra Village Panchayats Act, 1958 - The court emphasized that provisions imposing disqualification must be strictly construed. The contract in question was not entered into during the petitioner's tenure, and the petitioner had no role in its award. Therefore, the disqualification was unsustainable. (Paras 8-10)
Issue of Consideration
Whether a Sarpanch can be disqualified under Section 14(1)(g) read with Section 16 of the Maharashtra Village Panchayats Act, 1958 for a contract awarded to her husband before she assumed office as Sarpanch.
Final Decision
The court allowed the writ petition, quashed the disqualification order dated 03/07/2019 passed by the Collector Nanded and the appellate order dated 23/10/2019 passed by the Divisional Commissioner, Aurangabad, and restored the petitioner to the office of Sarpanch of Village Panchayat Malwada.
Law Points
- Disqualification under Section 14(1)(g) of the Maharashtra Village Panchayats Act
- 1958 requires a direct or indirect interest in a contract with the panchayat
- contract awarded prior to assuming office does not attract disqualification
- strict interpretation of disqualification provisions is necessary
- no conflict of interest if the contract was not entered into during the tenure of the office holder.
