PRITI MANOJ Vs. HONBLE MINISTER, RURAL DEVELOPMENT

JUDGEMENT

(1.) RULE. Rule is made returnable forthwith and heard finally with consent of the counsel for the parties.

(2.) Invoking powers under Article 227 of the Constitution of India, the petitioner has assailed the orders passed by the Additional Commissioner under Sec. 39(1) of the Maharashtra Village Panchayats Act, 1959 (for short, 'the Act of 1959') which is upheld by the Hon'ble Minister thereby disqualifying the petitioner as Member and Sarpanch of the Gram Panchayat.

(3.) The crucial issue involved in the instant petition is as to whether the petitioner who has been arrayed as an accused in an offence registered against her and her husband under Ss. 7, 7(A) and 12 of the Prevention of Corruption Act, 1988 could be disqualified as Member and Sarpanch of the Gram Panchayat, even in absence of any material to show the acceptance of bribe amount by the petitioner.