RUPALI DINESH KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The petition challenges the order dtd. 28/10/2022 passed by the respondent No. 2, whereby the petitioner has been disqualified under Sec. 39 (1) (i) of the Maharashtra Village Panchayats Act (for short the " M.V.P. Act "), on the allegation that the petitioner who was the Sarpanch of Gram Panchayat, Beskheda, that her husband, had made a demand for issuing a no objection certificate regarding completion of the work of excavation and widening of a canal, in respect of which, a complaint made by one Kamlesh Namdeorao Rohate, a First Information Report came to be filed under Ss. 7 and 7A of the Prevention of Corruption Act, 1988 (page 19) (for short the " P.C. Act "). A certificate issued by Gram Panchayat, Beskheda dtd. 19/7/2022 (page 45) indicates, that the work in question was not undertaken by the Gram Panchayat.

(3.) Mr. Dahat, learned counsel for the petitioner submits, that merely filing of a complaint under Ss. 7 and 7A of the P.C. Act against the petitioner cannot amount to the petitioner being guilty of misconduct as is contemplated by Sec. 39 (1) (i) of the M.V.P. Act, and specifically as the trap consequent thereof had failed. It is therefore submitted, that the impugned order was clearly not justified.