Case Note & Summary
The petitioner, Anita Dhammapal Bodade, was the elected Sarpanch of Gram Panchayat Wadiadampur, Tahsil Telhara, District Akola. Respondent No.2, Devidas Supdaji Gavai, filed a complaint alleging that the petitioner had levied house tax on structures within the Gram Panchayat limits, which he claimed was misconduct. The Divisional Commissioner, by order dated 04/04/2018, and the Hon'ble Minister for Rural Development, by order dated 26/06/2018, held that the petitioner had incurred disqualification under Section 39(1) of the Maharashtra Village Panchayats Act, 1958. The petitioner challenged these orders by way of a writ petition before the Bombay High Court, Nagpur Bench. The core legal issue was whether the levy of house tax by the Sarpanch constituted misconduct under Section 39(1) of the Act. The petitioner argued that levying taxes on structures within the Gram Panchayat limits was a statutory duty of the Sarpanch under the Act and could not be considered misconduct. The respondent contended that the levy was improper and amounted to misconduct. The court analyzed the provisions of the Maharashtra Village Panchayats Act, 1958, and held that the Sarpanch is authorized to levy taxes on structures within the Gram Panchayat limits as part of her statutory duties. The court found that the petitioner had not acted beyond her authority and that the levy of house tax was a legitimate exercise of her powers. Therefore, the court concluded that no misconduct had been committed and the disqualification under Section 39(1) was not attracted. The court quashed the orders of the Divisional Commissioner and the Minister, allowing the writ petition and setting aside the disqualification.
Headnote
A) Panchayati Raj - Disqualification of Sarpanch - Section 39(1) Maharashtra Village Panchayats Act, 1958 - Misconduct - Levy of house tax by Sarpanch on structures within Gram Panchayat limits is a statutory duty under the Act and does not amount to misconduct - Held that the Sarpanch cannot be disqualified for performing her statutory functions (Paras 4-7).
Issue of Consideration
Whether the petitioner, an elected Sarpanch, incurred disqualification under Section 39(1) of the Maharashtra Village Panchayats Act, 1958 on account of misconduct for levying house tax on structures within the Gram Panchayat limits.
Final Decision
The court allowed the writ petition, quashed the orders dated 04/04/2018 and 26/06/2018 passed by the Divisional Commissioner and the Hon'ble Minister respectively, and set aside the disqualification of the petitioner as Sarpanch.
Law Points
- Interpretation of Section 39(1) of Maharashtra Village Panchayats Act
- 1958
- Misconduct by Sarpanch
- Levy of house tax as statutory duty
- No disqualification for performing statutory functions
Case Details
2018 LawText (BOM) (07) 152
Writ Petition No.4121 of 2018
Shri K.S. Narwade, Advocate for the Petitioner; Ms. Ritu Kalia, A.G.P. for Respondent Nos.1 & 6; Shri S.D. Chopde, Advocate for Respondent No.2
The Hon'ble Minister for Rural Development, through Secretary, Mantralaya, Mumbai; Devidas Supdaji Gavai; Akola Zilla Parishad, through its Chief Executive Officer; Panchayat Samiti Telhara, through Block Development Officer; Gram Panchayat, Wadiadampur, Through its Secretary; The Divisional Commissioner, Amravati Division, Amravati
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Nature of Litigation
Writ petition challenging orders of disqualification under Section 39(1) of the Maharashtra Village Panchayats Act, 1958.
Remedy Sought
Petitioner sought quashing of orders dated 04/04/2018 and 26/06/2018 passed by the Divisional Commissioner and the Hon'ble Minister respectively, which disqualified her as Sarpanch.
Filing Reason
Petitioner was disqualified as Sarpanch on grounds of misconduct for levying house tax on structures within Gram Panchayat limits.
Previous Decisions
Divisional Commissioner passed order on 04/04/2018 and Hon'ble Minister passed order on 26/06/2018, both holding petitioner disqualified under Section 39(1) of the Maharashtra Village Panchayats Act, 1958.
Issues
Whether levy of house tax by Sarpanch on structures within Gram Panchayat limits constitutes misconduct under Section 39(1) of the Maharashtra Village Panchayats Act, 1958.
Submissions/Arguments
Petitioner argued that levying house tax is a statutory duty of the Sarpanch under the Act and cannot be considered misconduct.
Respondent No.2 contended that the levy of house tax was improper and amounted to misconduct warranting disqualification.
Ratio Decidendi
The levy of house tax by a Sarpanch on structures within the Gram Panchayat limits is a statutory duty under the Maharashtra Village Panchayats Act, 1958, and does not constitute misconduct under Section 39(1) of the Act. Therefore, a Sarpanch cannot be disqualified for performing her statutory functions.
Judgment Excerpts
The issue involved in this petition is as to whether or not the petitioner, an elected Sarpanch of Grampanchayat Wadiadampur, has incurred disqualification in terms of Section 39(1) of the Maharashtra Village Panchayats Act, 1958 on account of misconduct on her part.
According to the learned Counsel for the petitioner, the Sarpanch has been authorized to levy taxes upon the structures made within the Gram Panchayat limits and that is a statutory duty of the Sarpanch and cannot be considered as misconduct.
Procedural History
The Divisional Commissioner passed an order on 04/04/2018 disqualifying the petitioner under Section 39(1) of the Maharashtra Village Panchayats Act, 1958. The petitioner appealed to the Hon'ble Minister for Rural Development, who upheld the disqualification by order dated 26/06/2018. The petitioner then filed a writ petition before the Bombay High Court, Nagpur Bench, which was heard and finally disposed of on 11/07/2018.
Acts & Sections
- Maharashtra Village Panchayats Act, 1958: Section 39(1)
