Case Note & Summary
The petitioner, Pundalik Tulshiram Sapkale, was the Sarpanch of Grampanchayat Kanalda. He was disqualified by the District Collector, Jalgaon, vide order dated 12.09.2022 in Dispute Application No. 66 of 2022, for failing to convene the monthly meeting for October 2021. The petitioner challenged this order before the Bombay High Court. The petitioner argued that the Village Development Officer was on medical leave from 11.10.2021, which prevented him from convening the meeting. He had communicated this to the Block Development Officer and Chief Executive Officer via letters dated 27.10.2021 and 29.10.2021. The court considered whether the non-convening was attributable to the petitioner. The court noted that the absence of the Village Development Officer was a reasonable cause, and the petitioner had taken steps to inform the authorities. The court held that the disqualification was not sustainable and quashed the order, allowing the petition.
Headnote
A) Panchayat Law - Disqualification of Sarpanch - Failure to Convene Monthly Meeting - Section 39 of Maharashtra Village Panchayats Act, 1959 - The petitioner, Sarpanch, was disqualified for not convening the monthly meeting for October 2021. The court held that the absence of the Village Development Officer on medical leave constituted a reasonable cause for non-convening, and the disqualification order was set aside. (Paras 1-5)
Issue of Consideration
Whether the disqualification of the petitioner as Sarpanch for failure to convene the monthly meeting for October 2021 is sustainable when the non-convening was due to the absence of the Village Development Officer on medical leave.
Final Decision
The petition is allowed. The order dated 12.09.2022 passed by the District Collector, Jalgaon in Dispute Application No. 66 of 2022 is quashed and set aside.
Law Points
- Disqualification of Sarpanch
- Failure to convene monthly meeting
- Absence of Village Development Officer
- Section 39 Maharashtra Village Panchayats Act 1959
- Reasonable cause
