GUNWANTRO YESHWANTRAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner who is a Sarpanch of village Panchayat of Bodwad, has challenged in this writ petition the order passed by the Collector, Jalgaon Dt. 31st Dec., 1980 Holding that the Petitioner stands disqualified as a Sarpanch under Section 37 of the Bombay Village Panchayats Act, 1958.

(2.) It appears from record that the Block Development Officer, Panchayat Samiti, Bhusawal submitted a report ot the Collector on 17th Sep., 1980. Bringing to his notice that the monthly meetings of the panchayat for the months Apr., 1979, May 1979, July 1979, Oct., 1979, Dec., 1979, Feb., 1980, Mar., 1980, Apr., 1980, June and July 1980 were not convened by the Petitioner Sarpanch and, therefore he is disqualified under Section 36 of the Bombay Village Panchayats Act from continung as a Sarpanch of the Village Panchayat. After getting this report from the Block Development Officer, a show cause notice was served on the petitioner by the Collector on 17th Oct., 1980. The Petitioner submitted he reply on 3rd Nov., 1980, showing the cause as to why he sould not be disqualified. According to the Petitioner the circulating memos were issued during these months and as these circulating memos served the purpose of the meetings, it was not necessary to convene the meetings of the village panchayat. The Collector however, came to the conclusion that this is not a sufficient cause for failure to vonvene the meetings as contemplated by Section 36read with rules framed thereunder and, therefore, ultimately declared that the Petitioner is disqualified to contine as a Sarpanch.

(3.) It was neither disputed in the written reply submitted by the petitioner nor it is disputed in this petition, that in the months referred to hereinbefore the meetings of the panchayat were not convened by him.