PIRSHILA SAHEBRAO BHALMODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The petitioner has been disqualified under Sec. 36 of the Maharashtra Village Panchayat Act 1958 (for short the "MVP Act"), for holding the post of Sarpanch of Gram Panchayat Garkhed (Dharan), Tahsil Sindkhed Raja, District Buldhana, by the order dated 03. 05.2023 passed by the respondent No.1 (page 140) on account of not holding the monthly meetings for the duration 20/4/2021 to 12/2/2022. It is contended, that in fact such meetings were indeed held for which reliance is placed upon the notices and record of the proceedings from page 41 to page 118, however it is material to note, that out of the total seven elected members all the notices and proceedings indicate, that six members were absent. All the six members have categorically stated, that they were never served with the notices. In fact the Secretary of the Gram Panchayat had a complaint to the Block Development Officer dtd. 18/11/2022 had stated that the notices as well as the proceedings both were written and signed by him under threats by the petitioner and in fact no such meetings were ever held.

(3.) Mr. Patil, learned counsel for the petitioner submits, that even presuming against the petitioner such conduct, at the most would entail a disqualification under Sec. 36 of the MVP Act of the petitioner holding the post of Sarpanch and not as a member as that it is not a position contemplated by Sec. 36 of the MVP Act. Reliance is placed by him upon Sau. Wandana Ramkrushna Neskar Vs. State of Maharashtra & Ors., Writ Petition No. 3832/2008, decided on 6/10/2008 and and Tukaram Krushnaji Parve Vs. State of Maharashtra & Ors., 2015(3) Mh.L.J. 652. He therefore submits, that insofar as the impugned order disqualifies the petitioner from being the member of the Gram Panchayat, the same cannot be sustained.