Case Note & Summary
The case pertains to the removal of Respondent No.4, Radhakisan Laxman Mhetre, as Sarpanch of Village Panchayat Nalwandi, Beed, under Section 39 of the Maharashtra Village Panchayat Act, 1959. The petitioner, Rajendra Radhakisan Raut, a voter of the village, filed a complaint alleging that the Sarpanch had committed gross negligence, misconduct, and corruption. Specifically, the Sarpanch failed to convene Gram Sabha meetings for over a year, misappropriated funds by withdrawing money without proper authorization, and did not account for the same. The Additional Divisional Commissioner, Aurangabad, after conducting an inquiry and giving the Sarpanch an opportunity of hearing, passed an order on 05.02.2020 removing the Sarpanch from office. The Sarpanch appealed to the State Government, which, through the Secretary of the Rural Development Department, allowed the appeal on 30.09.2021 and restored the Sarpanch to his post. The petitioner then filed the present writ petition challenging the appellate order. The High Court examined the provisions of the Act, particularly Section 39 which allows removal of a Sarpanch for gross negligence, misconduct, or corruption. The court noted that the Sarpanch had admitted to not holding Gram Sabha meetings, which is a mandatory requirement under Section 7 of the Act. The court also found that the Sarpanch had misappropriated funds, as evidenced by the audit report and the fact that he withdrew money without proper authorization. The court held that the appellate authority's order was perverse as it ignored the evidence and failed to consider the gravity of the Sarpanch's actions. The court emphasized that the Sarpanch's failure to hold Gram Sabha meetings and misappropriation of funds constituted gross negligence and misconduct, justifying his removal. The court also noted that the appellate authority had not given proper reasons for reversing the removal order. Consequently, the High Court allowed the writ petition, set aside the appellate order, and restored the removal order of the Additional Divisional Commissioner.
Headnote
A) Local Self-Government - Removal of Sarpanch - Gross Negligence and Misconduct - Section 39 of the Maharashtra Village Panchayat Act, 1959 - The Sarpanch failed to convene Gram Sabha meetings for over a year and misappropriated funds, leading to his removal by the Additional Divisional Commissioner. The appellate authority restored him without properly considering the evidence. The High Court held that the removal was justified and the appellate order was perverse, as the Sarpanch's actions amounted to gross negligence and misconduct. (Paras 1-20) B) Local Self-Government - Gram Sabha Meetings - Mandatory Requirement - Section 7 of the Maharashtra Village Panchayat Act, 1959 - The Act mandates holding Gram Sabha meetings at least twice a year. The Sarpanch's failure to convene any meeting for over a year was a serious dereliction of duty, constituting gross negligence. (Paras 10-15) C) Local Self-Government - Misappropriation of Funds - Corruption - The Sarpanch misappropriated funds by withdrawing money without proper authorization and failing to account for it. This amounted to corruption and misconduct under Section 39 of the Act. (Paras 16-18)
Issue of Consideration
Whether the removal of the Sarpanch by the Additional Divisional Commissioner under Section 39 of the Maharashtra Village Panchayat Act, 1959 was justified on grounds of gross negligence and misconduct, and whether the appellate order restoring the Sarpanch was perverse.
Final Decision
The High Court allowed the writ petition, set aside the appellate order dated 30.09.2021, and restored the removal order dated 05.02.2020 passed by the Additional Divisional Commissioner.
Law Points
- Removal of Sarpanch
- Gross negligence
- Misconduct
- Corruption
- Gram Sabha meetings
- Section 39 Maharashtra Village Panchayat Act
- 1959
- Appellate authority's perversity
- Natural justice
- Opportunity of hearing
