Case Note & Summary
The petitioner, Subhash Sakharam Shelke, was a member of Gram Panchayat, Shirpur, District Buldhana. Respondent No.3, Samadhan Waman Shelke, filed proceedings seeking disqualification of the petitioner under Section 14(1)(h1) of the Maharashtra Village Panchayats Act, 1959, alleging that during his earlier term as member, the petitioner had misappropriated Rs.35,630/- and suppressed this fact while submitting his nomination form. The Additional Collector disqualified the petitioner, and the Additional Commissioner confirmed the order on appeal. The petitioner challenged these orders by way of a writ petition. The key legal issue was whether disqualification under Section 14(1)(h1) could be imposed without any prior order under Section 140 or Section 178 of the Act. The petitioner argued that the Block Development Officer had only issued a notice on 03.10.2012 calling upon him to pay the amount within eight days, failing which proceedings under Sections 178 and 179 would be initiated, but no such proceedings were ever initiated and no order under Section 178 was passed. The court accepted this submission, holding that the disqualification under Section 14(1)(h1) is attracted only if there is failure to pay the amount of surcharge or charge under Section 140 or Section 178 of the Act. Since no such order was passed, the impugned orders were quashed and set aside. The writ petition was allowed, and rule was made absolute accordingly.
Headnote
A) Panchayati Raj - Disqualification of Member - Section 14(1)(h1) Maharashtra Village Panchayats Act, 1959 - Requirement of Prior Surcharge Order - The petitioner was disqualified for non-payment of Rs.35,630/- allegedly misappropriated. The court held that disqualification under Section 14(1)(h1) is attracted only if there is failure to pay the amount of surcharge or charge under Section 140 or Section 178 of the Act. Since no such order was passed, the disqualification was unsustainable. (Paras 5-7) B) Panchayati Raj - Surcharge Proceedings - Sections 140, 178 Maharashtra Village Panchayats Act, 1959 - Necessity of Formal Order - The Block Development Officer's notice to pay the amount within eight days, failing which proceedings under Sections 178 and 179 would be initiated, does not amount to an order under Section 178. Without a formal order, the condition for disqualification under Section 14(1)(h1) is not satisfied. (Paras 5-7)
Issue of Consideration
Whether a member of Gram Panchayat can be disqualified under Section 14(1)(h1) of the Maharashtra Village Panchayats Act, 1959 in the absence of any order passed under Section 140 or Section 178 of the said Act.
Final Decision
Writ petition allowed. Impugned orders dated 30.06.2016 passed by Additional Commissioner and 30.03.2016 passed by Additional Collector are quashed and set aside. Rule made absolute accordingly.
Law Points
- Disqualification under Section 14(1)(h1) of the Maharashtra Village Panchayats Act
- 1959 requires a prior order under Section 140 or Section 178 of the same Act
- mere notice to pay does not constitute such order
