GANGABAI VITHAL BADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally with the consent of learned Counsel appearing for the parties.

(2.) As per order passed in L.P.A.No. 215 of 2012, I heard the submissions of both the sides on merits of the case. The question that is required to be decided is whether the petitioner failed to hold six mandatory Gram Sabha meetings in one financial year i.e. financial year 20102011. Admittedly, Gram Sabha meetings were held in that financial year on six occasions. Admittedly, there is gap of more than four months between first Gram Sabha meeting and second Gram Sabha meeting. There is further admitted position that prior to these Gram Sabha meetings, meetings of women were not held. The complainant is trying to take advantage of these two lapses on the part of the petitioner. He asserted that because of these two lapses, the petitioner incurred disqualification as per section 7 of the Village Panchayats Act. Learned Additional Collector also accepted this contention and held so.

(3.) In order to understand implications of section 7 of the Village Panchayats Act, one must read this section carefully. Said section 7 reads as under :