JAGDISH MANNALALJI SANCHERIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

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

(2.) The petitioner is aggrieved by his removal from the elected post of Sarpanch of Gram Panchayat, Anji (Mothi), District - Wardha, under Sec. 39(1) of the Maharashtra Village Panchayats Act, 1959. The respondent No.2 - Additional Commissioner passed impugned order dtd. 23/8/2021, removing the petitioner from the elected post of Sarpanch, on the ground that he was found guilty of neglect in performance of his duties. The petitioner had approached the respondent No.1 under Sec. 39 (3) of the said Act, to challenge the order of his removal, but the respondent No.1 dismissed the appeal, thereby confirming the said order.

(3.) The petitioner was directly elected as Sarpanch of the said Municipal Council for a period of five years in an election held in March, 2019, thereby showing that his term would expire in the year 2024. The respondent Nos.5 and 6 approached the respondent No.3 - Chief Executive Officer (CEO) with complaint against the petitioner and claimed that he deserved to be removed from the said post of Sarpanch. The respondent No.3 - CEO took into consideration the complaints submitted by respondent Nos.5 and 6. It appears that the said respondent No.3 - CEO conducted a preliminary enquiry into the matter and sent a communication to the respondent No.2 - Additional Commissioner, stating that he found prima facie substance in the complaints submitted by respondent Nos.5 and 6. Thereupon, the respondent No.3 - CEO sought permission of the respondent No.2 - Additional Commissioner for conducting an enquiry against the petitioner. In response, the respondent No.2 - Additional Commissioner appears to have granted permission and the enquiry was initiated by respondent No.3 - CEO.