NARAYAN ATMARAM BORASE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD learned counsel for the respective parties.

(2.) RULE. Rule is made returnable forthwith.

(3.) THE petitioner was at the relevant time, a Sarpanch of village Varud, Tq. Shindhkheda, District Dhule. It was alleged against the petitioner that he has been a party to serious misappropriation of the funds. Therefore, an action was initiated against him, on the basis of the audit report made by the Deputy Chief auditor and Block Development Officer, Panchayat Samiti, Shindhkheda. Firstly, a preliminary report was submitted that he was responsible for misappropriation to the tune of Rs. 3,95,213/- in Jawahar Rojgar Yojana. The petitioner was elected as a Sarpanch on 20-11-2002 but was proceeded on the basis of this report and the Standing Committee of the Zilla Parishad passed a resolution on 8-3-2004 to take an action under section 39 (1) and (2) of the bombay Village Panchayat Act, 1958, (for the sake of brevity, hereinafter, referred to as "the said Act"), against the petitioner. On the basis of the said resolution dated 8-3-2004, the President of the Standing Committee of the Zilla parishad passed an order on 15-5-2004 removing the petitioner from the post of sarpanch. The petitioner preferred an appeal against that decision, but the learned additional Commissioner dismissed the same by his order dated 24-8-2004. Said orders are challenged in the present petition.