RADHABAI Vs. COLLECTOR

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally by the consent of the parties.

(2.) This petition is directed against the order dtd. 9/2/2022, passed by the Collector, Nanded, in file No.2021/JB/DESK/ 1/GramPanchayat Decision/Appeal/CR-151, thereby disqualifying the petitioner from continuing as Sarpanch of Gram Panchayat Ghungrala.

(3.) Respondent No.3 filed application under Sec. 36 of the Maharashtra Village Panchayat Act, 1958 (For short, 'the Act, 1958 '), before the Collector, Nanded, seeking removal of petitioner from the post of Sarpanch for not taking monthly meeting of August, 2021. The Collector, Nanded by issuing notice dtd. 17/11/2021 called upon the petitioner to appear in the matter. The petitioner appeared and denied the allegations in the application by filing a detailed reply. In the reply the petitioner contended that the application is filed due to political rivalry. The petitioner has filed written complaint against the Up-Sarpanch and six other members of Gram Panchayat, Ghungrala, before the Collector and the present application under Sec. 36 is filed as a counter blast to the same. In August, 2021, due to medical reasons the petitioner could not conduct the meeting. The petitioner had informed the Gramsevak that she is not well and requested Gramsevak to ask Up-Sarpanch to call and conduct the meeting in her absence. The Gramsevak by letter dtd. 26/8/2021 addressed to the Up-Sarpanch requested him to call and conduct the monthly meeting of August, 2021. The Up-Sarpanch refused to accept the said letter/notice in the presence of two Panchas. It was the duty of Up-Sarpanch to conduct meeting in absence of Sarpanch. However, he has failed to do so. The petitioner, therefore, prayed for rejection of the application filed by respondent No.3.