Case Note & Summary
The petitioner, Ramdas Dattaraya Khose, was an elected member and Sarpanch of Gram Panchayat Padalidariya. Respondents 7 to 9 filed an application under Section 14(1)(g) of the Maharashtra Village Panchayat Act, 1959 before the Collector, Ahilyanagar, seeking his disqualification for taking an illegal commercial water connection. The Collector disqualified him, and the Divisional Commissioner, Nashik, in Grampanchayat Appeal No. 90/2025, upheld the disqualification. The petitioner challenged this order by way of a writ petition. The court examined the evidence, including a report from the Gramsevak and a panchnama, which indicated that the petitioner had taken a water connection for commercial use (filling a tank for selling water) without proper sanction. The petitioner argued that the connection was for domestic use, but the court found that he failed to produce any documentary evidence to support his claim. The court noted that the petitioner, as Sarpanch, was expected to act lawfully and that the authorities had correctly applied Section 14(1)(g). The court dismissed the petition, upholding the disqualification.
Headnote
A) Panchayat Law - Disqualification of Sarpanch - Section 14(1)(g) Maharashtra Village Panchayat Act, 1959 - Illegal Commercial Water Connection - The petitioner, a Sarpanch, was disqualified for taking an illegal commercial water connection for his agricultural land without proper sanction. The court held that the petitioner failed to prove the connection was for domestic use and that the authorities correctly found it to be commercial, leading to disqualification. (Paras 1-10)
Issue of Consideration
Whether the petitioner, as Sarpanch, is disqualified under Section 14(1)(g) of the Maharashtra Village Panchayat Act, 1959 for taking an illegal commercial water connection.
Final Decision
The writ petition is dismissed. The order of the Divisional Commissioner, Nashik in Grampanchayat Appeal No. 90/2025 disqualifying the petitioner under Section 14(1)(g) of the Maharashtra Village Panchayat Act, 1959 is upheld.
Law Points
- Disqualification under Section 14(1)(g) of Maharashtra Village Panchayat Act
- 1959
- Sarpanch's liability for illegal acts
- Water connection as commercial use
- Burden of proof on petitioner
Case Details
WRIT PETITION NO. 13492 OF 2025
Mr. Kale Yogesh D. for Petitioner, Mr. S.K. Shirse AGP for Respondent/State, Mr. D.A. Mane for Respondents 7 to 9
Ramdas s/o. Dattaraya Khose
The State of Maharashtra through Principal Secretary, Rural Development Department, Mumbai; The Divisional Commissioner Nashik; The Collector, Ahilyanagar; Zilla Parishad Grampanchayat Water Supply Sub-Division, Panchayat Samittee, Parner; The Block Development Officer, Panchayat Samittee, Parner; Gramsevak, Padalidariya; Pradip s/o. Vitthal Khose; Tukaram s/o. Kondiba Tikone; Niranjan s/o. Bhaskar Tikone
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Nature of Litigation
Writ petition challenging order of disqualification under Section 14(1)(g) of Maharashtra Village Panchayat Act, 1959.
Remedy Sought
Petitioner sought quashing of the order dated 08.12.2025 passed by the Divisional Commissioner, Nashik in Grampanchayat Appeal No. 90/2025, disqualifying him as Member and Sarpanch.
Filing Reason
Petitioner was disqualified for taking an illegal commercial water connection while acting as Sarpanch.
Previous Decisions
Collector, Ahilyanagar disqualified the petitioner; Divisional Commissioner, Nashik upheld the disqualification in appeal.
Issues
Whether the petitioner took an illegal commercial water connection without proper sanction.
Whether the petitioner is disqualified under Section 14(1)(g) of the Maharashtra Village Panchayat Act, 1959.
Submissions/Arguments
Petitioner argued that the water connection was for domestic use and not commercial, and that he had not misused his position.
Respondents argued that the petitioner, as Sarpanch, took a commercial water connection without sanction, and the panchnama and report confirmed the illegal act.
Ratio Decidendi
A Sarpanch who takes an illegal commercial water connection without proper sanction is disqualified under Section 14(1)(g) of the Maharashtra Village Panchayat Act, 1959, as it amounts to misuse of office and acting against the interests of the Gram Panchayat.
Judgment Excerpts
By the present writ petition, the petitioner challenges the order passed by the respondent No. 2 – Divisional Commissioner, Nashik in Grampanchayat Appeal No. 90/2025, disqualifying the petitioner under section 14(1)(g) of the Maharashtra Village Panchayat Act, 1959 for having taken illegal commercial water connection while acting as a Sarpanch.
Procedural History
Respondents 7 to 9 filed an application under Section 14(1)(g) before the Collector, Ahilyanagar, who disqualified the petitioner. The petitioner appealed to the Divisional Commissioner, Nashik, who upheld the disqualification. The petitioner then filed the present writ petition.
Acts & Sections
- Maharashtra Village Panchayat Act, 1959: 14(1)(g)
