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, with the term of the Gram Panchayat running from 16.02.2021 to 15.02.2026. While she was holding the post of Sarpanch, a complaint was lodged by one Rambhau Ganesh Mondhe, leading to the registration of an FIR against her and her husband under Sections 7, 7A, and 12 of the Prevention of Corruption Act, 1988. The complaint alleged that the petitioner's husband demanded Rs.4,000/- for issuance of an experience certificate to be signed by the petitioner as Sarpanch. The 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 petitioner was not present at the time of the trap. Based on this FIR, 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 by way of a writ petition under Article 227 of the Constitution of India. The crucial issue was whether the petitioner could be disqualified in the absence of any material showing her acceptance of the bribe. The court noted that the FIR and the trap proceedings clearly indicated that the demand and acceptance were made by the husband alone, and there was no material to show that the petitioner herself accepted the bribe or was involved in the demand. The court held that the mere registration of an FIR against the petitioner does not constitute sufficient material for disqualification under Section 39(1) of the Act. The court quashed the orders of the Additional Commissioner and the Minister, and allowed the petition, setting aside the disqualification.
Headnote
A) Panchayati Raj - Disqualification of Sarpanch - Section 39(1) Maharashtra Village Panchayats Act, 1959 - Disqualification for corrupt practice - The petitioner, a Sarpanch, was disqualified based on an FIR alleging that her husband demanded and accepted a bribe for issuance of an experience certificate to be signed by her. The court held that in the absence of any material showing that the petitioner herself accepted the bribe or was involved in the demand, the disqualification was unsustainable. The mere registration of an FIR against her does not constitute sufficient material for disqualification under Section 39(1). (Paras 3-8) B) Criminal Law - Prevention of Corruption Act, 1988 - Sections 7, 7A, 12 - Bribe demand by husband - The trap laid by the Anti-Corruption Bureau resulted in the husband being caught red-handed accepting the bribe. There was no evidence that the petitioner was present or participated in the demand or acceptance. The court noted that the petitioner was not even present at the time of the trap. (Paras 4-6) C) Constitutional Law - Article 227 of the Constitution of India - Supervisory jurisdiction - The High Court exercised its supervisory jurisdiction to quash the orders of the Additional Commissioner and the Minister, which had disqualified the petitioner. The court found that the authorities had acted without proper material and thus the orders were perverse and liable to be set aside. (Paras 1, 8)
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 registered against her and her husband under the Prevention of Corruption Act, 1988, in the absence of any material showing her acceptance of bribe.
Final Decision
The petition is allowed. The orders passed by the Additional Commissioner and the Hon'ble Minister disqualifying the petitioner as Member and Sarpanch are quashed and set aside. Rule is made absolute accordingly.
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 is insufficient
