ARCHANA Vs. ANIL

JUDGEMENT

(1.) . Heard. Rule. It is made returnable forthwith. Mr. I.K. Wagh, learned advocate and Mr. K.B. Jadhavar, the learned AGP waive notice for the respective respondents. At the request of the learned counsel for the parties, the matter is heard finally at the admission stage.

(2.) Petitioner takes exception to the order dtd. 7/4/2022 passed by the Additional Divisional Commissioner, Aurangabad rejecting her appeal and confirming the order passed by the Collector, Beed dtd. 5/1/2022 by which she has been disqualified for being a Sarpanch. Petitioner was earlier disqualified on 9/12/2021 under the provisions of Sec. 39 (1) of the Maharashtra Village Panchayats Act, 1958 (hereinafter referred to as the 'Act of 1958') on the basis of the report of the Chief Executive Officer, Zilla Praishad. Her disqualification has been set aside by this Court by order dtd. 26/9/2022 passed in Writ Petition No.7812 of 2022 on the ground that the Chief Executive Officer had not conducted independent enquiry as envisaged under Sec. 39 (1) of the Act of 1958. The matter came to be remanded back to the Additional Commissioner with a further direction to the Chief Executive Officer, Zilla Parishad to hold an enquiry by giving an opportunity of hearing to all concerned.

(3.) Simultaneously, the Collector initiated disqualification proceedings under the provisions of Sec. 14 (1)(g) of the Act of 1958 on the ground of the petitioner having interest in the contracts awarded by the grampanchayat. After granting an opportunity of hearing to the petitioner, order came to be passed on 5/1/2022 holding that various amounts meant to be paid to the contractors were found to be deposited in the accounts of petitioner's husband, father-in-law and brother-in-law. She is therefore disqualified under the provisions of Sec. 14 (1) (g) of the Act of 1958 by order dtd. 5/1/2022. The order is upheld by the Additional Divisional Commissioner by dismissing the petitioner's appeal by order dtd. 7/4/2022.