MANOHAR Vs. COLLECTOR, JALNA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally.

(2.) The petitioner is challenging the order dtd. 8/9/2022 passed by the respondent no.1 - Collector, Jalna under sec. 7 read with 16 of the Maharashtra Village Panchayats Act, 1958 [for short 'the 1958 Act '], and thereby disqualifying the petitioner as a member and Sarpanch of village Panchayat, Gundewadi, Taluka and District, Jalna, for not conducting at least four meetings of the Gram Sabha in the financial year.

(3.) The petitioner is a Sarpanch of Grampanchayat, Gundewadi. The respondent no.3 filed an application to the Collector, respondent no.1, seeking disqualification of the petitioner under Sec. 7 read with 16 of the 1958 Act, on 22/10/2021. It was contended in the said application that the applicant has not attended any meeting of the Gram Sabha and as such the petitioner should be disqualified from holding the post of the Sarpanch and also from his membership of the village panchayat for not holding four meetings of Gram Sabha in the financial year. Pursuant to the said application, the respondent no.1 - Collector, Jalna, by letter dtd. 30/12/2021, issued notice to the petitioner. On 11/5/2022, the respondent no. 2 - Gramsevak, Village Panchayat, Gundewadi submitted his report in the office of the respondent no.1 - Collector. Vide its say dtd. 14/6/2022, the petitioner submitted that he has conducted Gramsabha meetings and that there was a delay in taking meeting in the beginning of the year, on account of Covid-19 pandemic and the various prohibitory orders being passed under Sec. 144 of the Criminal Procedure Code by the Collector, Jalna, himself.