SUNITA PRUTHAVIRAJ Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with consent of learned counsel for the parties.

(2.) The Petitioner challenges the order dtd. 2/8/2021 passed by the Respondent No.2 - Additional Commissioner in exercise of powers conferred under Sec. 39(1) of the Maharashtra Village Panchayats Act, 1959 (hereinafter referred to as "the said Act") and the order dtd. 5/10/2021 passed by the Respondent No.1 - Minister rejecting the appeal preferred by the Petitioner under Sec. 39(3) of the said Act.

(3.) The Petitioner is a duly elected Sarpanch of the Gram Panchayat Tekadi (Coal-Mine), Parseoni, Nagpur. She has been elected from Scheduled Caste category by direct election process for a term of five years, which is due to expire in the year 2022. In view of complaint received from some of the members, Respondent No.3 - C.E.O. directed the Respondent No.4 - B.D.O. to conduct an enquiry. Pursuant to the preliminary report submitted by the B.D.O., Respondent No.3 allegedly conducted an enquiry under Sec. 39(1) of the said Act with permission of Respondent No.2. The Respondent No.2 has removed the Petitioner from the office of Sarpanch acting upon the report submitted by Respondent No.3. The Respondent No.1 - Hon'ble Minister dismissed the appeal filed by the Petitioner under Sec. 39(3) of the said Act. Hence, the Petition.