Case Note & Summary
The petitioner, Priti Manoj Bundile, was elected as a member of Gram Panchayat Mahuli Jahangir, Amravati on 15.01.2021 and subsequently elected as Sarpanch on 16.02.2021. While holding the post, a complaint was lodged by Rambhau Ganesh Mondhe alleging that the petitioner's husband demanded Rs.4,000 for issuance of an experience certificate to be signed by the petitioner as Sarpanch. An FIR was registered on 25.09.2023 under Sections 7, 7(A) and 12 of the Prevention of Corruption Act, 1988 against the petitioner and her husband. Verification of demand was conducted on 26.09.2023, and a trap was laid on 27.09.2023 in which the husband was caught red-handed accepting the bribe. The Additional Commissioner passed an order under Section 39(1) of the Maharashtra Village Panchayats Act, 1959 disqualifying the petitioner as Member and Sarpanch, which was upheld by the Hon'ble Minister. The petitioner challenged these orders under Article 227 of the Constitution. The court framed the issue whether disqualification can be sustained without material showing acceptance of bribe by the petitioner. The court noted that the FIR and trap proceedings indicated that the husband alone accepted the bribe, and there was no material to show that the petitioner herself accepted any bribe. The court held that mere registration of an FIR without evidence of personal involvement in the corrupt act is insufficient to disqualify under Section 39(1) of the Act. Consequently, the court quashed the orders of the Additional Commissioner and the Minister, allowed the petition, and restored the petitioner's position as Member and Sarpanch.
Headnote
A) Panchayati Raj - Disqualification of Member/Sarpanch - Section 39(1) of Maharashtra Village Panchayats Act, 1959 - Requirement of Material - The court considered whether the petitioner, who was arrayed as an accused in an FIR under Sections 7, 7(A) and 12 of the Prevention of Corruption Act, 1988, could be disqualified as Member and Sarpanch of Gram Panchayat in absence of any material showing acceptance of bribe by her. Held that mere registration of FIR without material indicating personal involvement in acceptance of bribe is insufficient to disqualify under Section 39(1) of the Act. (Paras 3-5)
Issue of Consideration
Whether a Sarpanch can be disqualified under Section 39(1) of the Maharashtra Village Panchayats Act, 1959 solely on the basis of an FIR under the Prevention of Corruption Act, 1988, where there is no material to show that the petitioner accepted the bribe amount.
Final Decision
The court allowed the writ petition, quashed the orders of the Additional Commissioner and the Hon'ble Minister, and restored the petitioner as Member and Sarpanch of Gram Panchayat.
Law Points
- Disqualification under Section 39(1) of Maharashtra Village Panchayats Act
- 1959 requires material showing personal involvement in corrupt practice
- mere registration of FIR under Prevention of Corruption Act
- 1988 is insufficient
