Case Note & Summary
The petitioner, Shri Jagdish Mannalalji Sancheriya, was directly elected as Sarpanch of Gram Panchayat, Anji (Mothi), District Wardha in March 2019 for a term of five years. Respondent Nos.5 and 6 filed complaints against him before the Chief Executive Officer (CEO), respondent No.3, alleging neglect of duties. The CEO conducted a preliminary enquiry and found prima facie substance, then sought permission from the Additional Commissioner (respondent No.2) to conduct a formal enquiry. The Additional Commissioner, without holding any proper enquiry or affording an opportunity of hearing to the petitioner, passed an order on 23.08.2021 removing the petitioner from the post of Sarpanch under Section 39(1) of the Maharashtra Village Panchayats Act, 1959. The petitioner appealed to the Minister (respondent No.1) under Section 39(3) of the Act, but the appeal was dismissed, confirming the removal. Aggrieved, the petitioner filed the present writ petition. The court examined the procedure followed and found that the Additional Commissioner had not conducted any enquiry as mandated by law, nor had he given any opportunity of hearing to the petitioner. The court held that the removal order was passed without application of mind and in violation of principles of natural justice. Consequently, the court quashed the impugned order dated 23.08.2021 and the appellate order, and restored the petitioner to the post of Sarpanch with all consequential benefits.
Headnote
A) Constitutional Law - Natural Justice - Opportunity of Hearing - Section 39 Maharashtra Village Panchayats Act, 1959 - The court held that removal of a Sarpanch without affording an opportunity of hearing and without a proper enquiry violates principles of natural justice. The impugned order was quashed. (Paras 2-10) B) Local Self-Government - Removal of Sarpanch - Neglect of Duties - Section 39(1) Maharashtra Village Panchayats Act, 1959 - The court found that the Additional Commissioner passed the removal order without proper application of mind and without conducting a proper enquiry as required under the Act. The appeal before the Minister was also dismissed without proper consideration. (Paras 11-20)
Issue of Consideration
Whether the removal of the petitioner from the post of Sarpanch under Section 39(1) of the Maharashtra Village Panchayats Act, 1959 was valid and in accordance with law.
Final Decision
The court allowed the writ petition, quashed the impugned order dated 23.08.2021 passed by the Additional Commissioner and the appellate order dated 24.06.2022 passed by the Minister, and restored the petitioner to the post of Sarpanch with all consequential benefits.
Law Points
- Natural justice
- opportunity of hearing
- proper enquiry
- non-application of mind
- Section 39 Maharashtra Village Panchayats Act
- 1959
