Case Note & Summary
The petitioner, Sau. Nandabai Ramesh Wakude, was the Sarpanch of Gram Panchayat Kenwad, Risod, Washim. She was disqualified by the Additional Collector, Washim, by order dated 23-12-2013 under Section 14(1)(g) of the Maharashtra Village Panchayats Act, 1958, on the ground that her husband had availed benefits under the Gharkul Scheme on two occasions. The Gharkul Scheme is sponsored by the Social Welfare Department of the State Government and implemented through the Block Development Officer, Panchayat Samiti, Risod. The petitioner appealed to the Additional Commissioner, Amravati Division, who dismissed the appeal on 26-11-2014. Aggrieved, she filed the present writ petition. The core legal issue was whether availing benefits under a state government scheme implemented through the Block Development Officer constitutes a contract with the Panchayat under Section 14(1)(g). The petitioner argued that the scheme was not a contract with the Gram Panchayat but with the state government. The respondent contended that the scheme involved the Panchayat. The court analyzed Section 14(1)(g) and noted that it applies only to contracts with the Panchayat, defined under Section 2(14) as the Panchayat established under the Act. The court held that the Gharkul Scheme benefits were granted by the Block Development Officer, who is not the Panchayat, and therefore the disqualification was not attracted. The court quashed the orders of the Additional Collector and Additional Commissioner and allowed the petition, restoring the petitioner's membership and Sarpanch post.
Headnote
A) Panchayat Law - Disqualification of Members - Section 14(1)(g) Maharashtra Village Panchayats Act, 1958 - Contract with Panchayat - The provision disqualifies a member who has any share or interest in any work done by order of the Panchayat or in any contract with the Panchayat. The Gharkul Scheme is a state government scheme implemented through the Block Development Officer, not a contract with the Gram Panchayat. Hence, benefits availed by the husband under the scheme do not disqualify the petitioner-wife from being a member or Sarpanch. (Paras 3-4) B) Panchayat Law - Interpretation of 'Contract' - Section 14(1)(g) Maharashtra Village Panchayats Act, 1958 - The term 'contract' in the provision refers to a contract with the Panchayat itself, not with other authorities. The scheme benefits were granted by the Block Development Officer, who is not the Panchayat. Therefore, the disqualification order was without jurisdiction. (Paras 3-4)
Issue of Consideration
Whether availing benefits under the Gharkul Scheme sponsored by the Social Welfare Department and implemented through the Block Development Officer constitutes a contract with the Panchayat under Section 14(1)(g) of the Maharashtra Village Panchayats Act, 1958.
Final Decision
The petition is allowed. The order dated 23-12-2013 passed by Additional Collector, Washim and the order dated 26-11-2014 passed by Additional Commissioner, Amravati Division are quashed and set aside. The petitioner is restored to her membership and Sarpanch post.
Law Points
- Section 14(1)(g) of Maharashtra Village Panchayats Act
- 1958 applies only to contracts with the Panchayat
- not to benefits under state government schemes implemented through Panchayat
- Gharkul Scheme benefits availed by husband not a disqualification for wife as member
