SOW PRATIBHA Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) Heard.

(2.) Rule. With the consent of the parties, the matter is taken up for final disposal at admission stage.

(3.) Order impugned in this petition is one passed by the Additional Collector, Latur on 19-1-2010. Additional Collector, Latur in exercise of powers conferred under section 7r/w. section 76 of the Bombay Village Panchayat Act has declared the petitioner, Sarpanch of the Village Panchayat, Waigaon,as having incurred disqualification and has further ordered that the post of Sarpanch has fallen vacant on account of disqualification incurred by the Sarpanch and further that the occupant of the post i.e. the petitioner herein is disqualified to hold the office of Sarpanch for further period. Petitioner herein is elected Sarpanch of Village Panchayat Waigaon and is occupying the office of Sarpanch since the date of his election by the members of the Village Panchayat. Application is stated to have been received by the Additional Collector on 7-7-2009 making grievance in respect of failure to hold the mandatory meetings of the Village Panchayat which in itself is disqualification for holding the office of Sarpanch as prescribed under section 7 of the Bombay Village Panchayat Act. The Collector was urged to initiate action for holding the petitioner disqualified to occupy the office of Sarpanch on account of failure to hold the mandatory meetings of Village Panchayat. Order passed by the Additional Collector discloses that on receipt of an application dt.7-7-2009, enquiry into the matter was directed at the hands of Block Development Officer, Panchayat Samiti, Udgir. Petitioner herein was issued notice in respect of the allegations levelled against her and was called upon to tender her reply. After considering the report of enquiry conducted by the Block Development Officer as well as on consideration of the reply tendered by the petitioner, the Additional Collector reached conclusion that the petitioner has failed to hold the required number of meetings as prescribed by secti&n 7 of the act and as such, has incurred disqualification and is further not entitled to continue to occupy the office of Sarpanch.