Case Note & Summary
The petitioner, Suvarna Vishal Desale, was directly elected as Sarpanch of Village Kasare, Taluka Sakri, District Dhule, for the term 2022 to 2027. On 30 June 2025, respondent no. 4, Madhuri Vijay Khairnar, filed a complaint before the District Collector alleging that the petitioner failed to convene mandatory Gram Sabha meetings, thereby incurring disqualification under Section 7 of the Maharashtra Village Panchayat Act, 1959. The Collector issued a notice to the petitioner on 25 September 2025, calling her to appear on 17 May 2025 (apparently a typographical error, as the notice date is after the hearing date). The petitioner appeared personally on the hearing date and subsequently through an advocate. The Collector called for a report from the Block Development Officer (BDO) regarding the allegations. On 16 September 2025, the Collector passed an order disqualifying the petitioner, relying solely on the BDO's report. The petitioner challenged this order by way of a writ petition before the Bombay High Court, Aurangabad Bench. The High Court held that the Collector's order violated principles of natural justice because the petitioner was not given an opportunity to cross-examine the complainant or the BDO, nor was she allowed to present her own evidence. The court emphasized that the right to cross-examine is an essential component of a fair hearing, especially when the decision is based on adverse material. Consequently, the court quashed the disqualification order and remanded the matter back to the Collector for fresh consideration after affording the petitioner a proper opportunity of hearing, including the right to cross-examine. The court also disposed of the civil application for intervention.
Headnote
A) Constitutional Law - Natural Justice - Right to Cross-Examine - Maharashtra Village Panchayat Act, 1959, Section 7 - Disqualification of Sarpanch for failure to convene Gram Sabha meetings - Collector relied on report of Block Development Officer without giving petitioner opportunity to cross-examine - Held that denial of opportunity to cross-examine vitiates the proceeding and order is unsustainable (Paras 4-6). B) Local Self-Government - Disqualification of Sarpanch - Mandatory Gram Sabha Meetings - Section 7 Maharashtra Village Panchayat Act, 1959 - Petitioner was directly elected Sarpanch - Complaint alleged failure to convene mandatory Gram Sabha meetings - Collector passed disqualification order based on BDO report - Held that the order was passed in violation of principles of natural justice as petitioner was not given adequate opportunity to defend (Paras 2-6).
Issue of Consideration
Whether the order of disqualification passed by the District Collector under Section 7 of the Maharashtra Village Panchayat Act, 1959, is sustainable when the petitioner was not afforded a reasonable opportunity of hearing, including the right to cross-examine the complainant and the Block Development Officer.
Final Decision
The High Court allowed the writ petition, quashed the disqualification order dated 16.09.2025 (referred to as 23.01.2026), and remanded the matter to the District Collector for fresh consideration after affording the petitioner a reasonable opportunity of hearing, including the right to cross-examine the complainant and the Block Development Officer. The civil application was disposed of.
Law Points
- Natural justice
- right to cross-examine
- disqualification of Sarpanch
- mandatory Gram Sabha meetings
- Section 7 Maharashtra Village Panchayat Act
- 1959
