AMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. The Rule is made returnable forthwith. With the consent of both the sides the matter is heard finally at the stage of admission.

(3.) By way of this Petition, the petitioners who are the villagers of Murud, Tq. and District Latur are impugning the order passed by the Minister, Rural Development Mantralaya, Mumbai in Appeal No.VPM-2020/C.No.06/PR/6 dated 2/7/2020. The petitioner no.1 is an elected member of the Murud Gram Panchayat. They made a complaint to the respondent no.3 Chief Executive Officer of the Zilla Parishad, Latur against the then Gram Sevak respondent no.4 and the elected Sarpanch respondent no.5 alleging inter alia of various misconducts and misappropriation. An inquiry was directed by a committee consisting of the Block Development Officer of Panchayat Samiti, Latur alongwith Development Officer of Ausa and Shirur Anantpal and the Deputy Chief Executive Officer of Zilla Parishad, Latur. It submitted a report holding that there was substance in the complaint. Pursuant thereto the petitioners filed an application to the respondent no.2 Divisional Commissioner, Aurangabad Division seeking removal of the respondent no.5 from the office of Sarpanch as contemplated under Section 39 (1) of the Maharashtra Village Panchayats Act, 1959 (hereinafter referred to as the Act). After extending an opportunity of being heard to the respondent no.5, by the judgment and order dated 20/2/2019 the respondent no.2 Commissioner allowed the application and removed the respondent no.5 from the office of Sarpanch. Being aggrieved and dissatisfied by such a judgment, the respondent no.5 preferred an Appeal under Section 39(3) of the Act to the State Government. By the impugned judgment and order dated 2/7/2020, the Minister of Rural Development allowed the Appeal and quashed and set aside the order of the respondent no.2 Commissioner. Hence this Petition.