Case Note & Summary
The petitioner, Santosh Jagannath Galbe, was an elected member of the Village Panchayat, Devegaon, Parbhani, and also worked as a Gram Rojgar Sevak under a Government Resolution dated 02.05.2011. Respondent No.3 filed a complaint before the District Collector seeking the petitioner's disqualification under Section 14(1)(f) and (g) of the Maharashtra Village Panchayat Act, 1958, alleging that the post of Gram Rojgar Sevak is an office of profit and a salaried position in the Panchayat. The District Collector allowed the complaint and disqualified the petitioner. The petitioner appealed to the Additional Divisional Commissioner, who dismissed the appeal. Aggrieved, the petitioner filed the present writ petition. The High Court examined the nature of the Gram Rojgar Sevak post, noting that it is created under the Maharashtra Employment Guarantee Act, 1977 and MGNREGA, 2005, and is a contractual, temporary position with remuneration in the form of honorarium, not salary. The court held that the post is not an office under the Panchayat and does not fall within the disqualification provisions of Section 14(1)(f) or (g). The court set aside the orders of the District Collector and the Additional Divisional Commissioner, allowing the writ petition and quashing the disqualification.
Headnote
A) Maharashtra Village Panchayat Act, 1958 - Disqualification - Office of Profit - Section 14(1)(f) and (g) - Gram Rojgar Sevak under MGNREGA is not an office of profit or a salaried position in the office of a Panchayat - The post is contractual, temporary, and not under the control of the Panchayat; remuneration is not salary but honorarium from the Central/State scheme - Held that the petitioner is not disqualified from continuing as a member of the Gram Panchayat (Paras 2, 5-7).
Issue of Consideration
Whether the post of Gram Rojgar Sevak under the Maharashtra Employment Guarantee Act, 1977 read with MGNREGA, 2005 falls within the definition of an office of profit or a salaried position in the office of a Panchayat and is hit by disqualification under Section 14(1)(f) or (g) of the Maharashtra Village Panchayat Act, 1958.
Final Decision
The writ petition is allowed. The impugned order dated 30.09.2024 passed by the District Collector, Parbhani and the order dated 27.12.2024 passed by the Additional Divisional Commissioner, Aurangabad are quashed and set aside. The disqualification of the petitioner is set aside. Rule is made absolute accordingly.
Law Points
- Interpretation of office of profit
- Gram Rojgar Sevak not a salaried position under Panchayat
- Section 14(1)(f) and (g) of Maharashtra Village Panchayat Act
- 1958
- Distinction between contractual employment and office of profit
Case Details
Writ Petition No. 6776 of 2024
Mr. Mahesh P. Kale for petitioner; Mrs. M.L. Sangit, AGP for respondent nos.1 and 2; Mr. N.R. Pawade for respondent nos.3 and 4; Mr. G.V. Mohekar for respondent no.5
Santosh s/o. Jagannath Galbe
The Additional Divisional Commissioner, Aurangabad Division, Chh. Sambhajinagar; The District Collector, Parbhani; Krushna s/o. Sahebrao Kamble; Gajanan s/o. Rajeshwar Galbe; Gram Sevak, Gram Panchayat Office, Devegaon
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging disqualification of a Gram Panchayat member on the ground of holding an office of profit as Gram Rojgar Sevak.
Remedy Sought
Petitioner sought quashing of the order of disqualification passed by the District Collector and confirmed by the Additional Divisional Commissioner.
Filing Reason
The petitioner was disqualified from being a member of the Gram Panchayat on the ground that his post of Gram Rojgar Sevak is an office of profit under Section 14(1)(f) and (g) of the Maharashtra Village Panchayat Act, 1958.
Previous Decisions
The District Collector, Parbhani allowed the complaint and disqualified the petitioner. The Additional Divisional Commissioner, Aurangabad dismissed the appeal.
Issues
Whether the post of Gram Rojgar Sevak is an office of profit under Section 14(1)(f) of the Maharashtra Village Panchayat Act, 1958?
Whether the post of Gram Rojgar Sevak is a salaried position in the office of a Panchayat under Section 14(1)(g) of the Act?
Submissions/Arguments
Petitioner argued that Gram Rojgar Sevak is a contractual, temporary post under MGNREGA, not an office of profit or salaried position under the Panchayat.
Respondent No.3 contended that the petitioner received remuneration and had interest in the Panchayat, thus disqualified.
Ratio Decidendi
The post of Gram Rojgar Sevak under the Maharashtra Employment Guarantee Act, 1977 and MGNREGA, 2005 is a contractual, temporary position with honorarium, not a salary. It is not an office under the Panchayat and does not fall within the disqualification provisions of Section 14(1)(f) or (g) of the Maharashtra Village Panchayat Act, 1958.
Judgment Excerpts
The post of Gram Rojgar Sevak is not a post under the Panchayat and the remuneration received is not salary but honorarium.
The post is contractual and temporary, created under the MGNREGA scheme, and does not amount to an office of profit.
Procedural History
Respondent No.3 filed a complaint before the District Collector, Parbhani seeking disqualification of the petitioner. The District Collector allowed the complaint on 30.09.2024. The petitioner appealed to the Additional Divisional Commissioner, Aurangabad, who dismissed the appeal on 27.12.2024. The petitioner then filed the present writ petition before the Bombay High Court, Aurangabad Bench.
Acts & Sections
- Maharashtra Village Panchayat Act, 1958: Section 14(1)(f), Section 14(1)(g)
- Maharashtra Employment Guarantee Act, 1977:
- Mahatma Gandhi National Rural Employment Guarantee Act, 2005:
