Case Note & Summary
The petitioner, an Anganwadi Sevika appointed in 1996, was elected as a Member of Village Panchayat in 2020 and terminated in 2021 under a Government Resolution prohibiting dual holding of these posts. She challenged the termination and the Resolution, arguing both posts are honorary and not offices of profit, with no legal bar under the Maharashtra Village Panchayat Act, 1955. The High Court held that Anganwadi Sevikas do not hold civil posts or offices of profit, as per Supreme Court precedent, and the Resolution was arbitrary and unconstitutional, violating fundamental rights. The Court quashed the termination order and the Resolution, reinstating the petitioner with back wages.
Headnote
The High Court of Judicature at Bombay, Bench at Aurangabad, quashed the termination order dated 23.03.2021 and the Government Resolution dated 05.08.2010, holding that an Anganwadi Sevika does not hold an office of profit and is free to contest elections -- The Court ruled that the impugned Government Resolution was arbitrary and unreasonable, violating Articles 14 and 19 of the Constitution of India, as it imposed restrictions without legal basis under the Maharashtra Village Panchayat Act, 1955 -- The petitioner, elected as a Member of Village Panchayat, was terminated for failing to resign from either post, but the Court found no bar to holding both honorary posts simultaneously -- The decision relied on Supreme Court precedent in State of Karnataka v. Ameerbi [(2007) 11 SCC 681], which established that Anganwadi workers are not civil post holders and can contest elections -- The termination was set aside, and the petitioner was reinstated with back wages from the date of termination
Issue of Consideration
Whether Anganwadi Sevika holds an office of profit and can simultaneously hold the post of elected member of Village Panchayat, and whether the Government Resolution prohibiting such dual holding is arbitrary and unreasonable
Final Decision
The High Court allowed the writ petition, quashed the termination order dated 23.03.2021 and the Government Resolution dated 05.08.2010, and directed reinstatement of the petitioner as Anganwadi Sevika with back wages from the date of termination
Law Points
- Article 14 of the Constitution of India
- Article 19 of the Constitution of India
- Office of profit doctrine
- Res-integra principle
- Arbitrariness and unreasonableness in administrative actions
Case Details
2026 LawText (BOM) (02) 78
Writ Petition No. 8022 of 2021
Arun R. Pedneker J. , Vaishali Patil-Jadhav J.
Mr. U.B. Deshmukh, Mrs. V.P. Dama, Mrs. Yogita Thorat
Pratibha d/o Dhondiba Gaikwad alias Pratibha w/o Nagendra Kamble
The Union of India, The State of Maharashtra, The State Election Commission, Maharashtra State, The District Election Officer/ Collector, Nanded, The Chief Executive Officer Zilla Parishad, Nanded, The Child Development Project Officer (Rural) Class-II, Nanded
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Nature of Litigation
Writ petition challenging termination order and Government Resolution
Remedy Sought
Petitioner seeks quashing of termination order dated 23.03.2021 and Government Resolution dated 05.08.2010, and reinstatement with back wages
Filing Reason
Petitioner was terminated as Anganwadi Sevika for being elected as Member of Village Panchayat and failing to resign from one post as per Government Resolution
Previous Decisions
Interim protection granted in Writ Petition No. 5840/2021 on 05.04.2021, which was later disposed of as petitioner filed separate writ petition
Issues
Whether Anganwadi Sevika holds an office of profit and can simultaneously hold the post of elected member of Village Panchayat
Whether the Government Resolution dated 05.08.2010 is arbitrary and unreasonable, violating constitutional rights
Submissions/Arguments
Petitioner argued both posts are honorary, not offices of profit, and no legal bar exists under Maharashtra Village Panchayat Act, 1955, making the Resolution arbitrary under Articles 14 and 19
Respondents supported the Resolution as issued per Central Government instructions, arguing it is not arbitrary and serves to prevent lapses in duty
Ratio Decidendi
Anganwadi Sevikas do not hold civil posts or offices of profit, as established by Supreme Court precedent, and are free to contest elections -- Government Resolutions imposing restrictions without legal basis under relevant statutes are arbitrary and violate Articles 14 and 19 of the Constitution of India
Judgment Excerpts
The question whether Anganwadi Sevika holds an office of profit should not detain us as the same is no more res-integra
The Hon'ble Supreme Court in the case of State of Karnataka and others Vs. Ameerbi and others [(2007) 11 SCC 681] has concluded that the Anganwadi Sevika does not hold a civil post and she is free to contest elections
Procedural History
Petitioner appointed as Anganwadi Sevika on 11.03.1996 -- Elected as Member of Village Panchayat in 2020 -- Served show-cause notice on 06.03.2021 -- Filed Writ Petition No. 5840/2021, granted interim protection on 05.04.2021 -- Termination order issued on 23.03.2021 -- Writ Petition No. 5840/2021 disposed of as petitioner filed separate writ petition -- Present Writ Petition No. 8022 of 2021 filed and heard finally on 10.02.2026
Acts & Sections
- Constitution of India: Article 14, Article 19
- Maharashtra Village Panchayat Act, 1955:
