KALAVATI RAJENDRA KOKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Petition raises following two broad issues:"

(2.) Petitioner has filed this Petition challenging order dtd. 7/6/2024 passed by the Collector, Raigad for declaring that a vacancy has occurred on the post of Sarpanch of village Ainghar, Taluka-Roha, District Raigad and appointing returning officer to conduct elections for vacant post of Sarpanch. Petitioner is aggrieved by the action of the Collector in treating that her resignation on the post of Sarpanch has taken effect under the provisions of Sec. 29 of the Village Panchayats Act, even though she had withdrawn the resignation during the meeting of the Gram Panchayat convened for verification of her resignation.

(3.) Facts of the case in narrow compass. Election of Gram Panchayat, Aindhar, Taluka-Roha, District-Raigad were conducted in February 2021. Petitioner was elected as a Member of the Gram Panchayat in the elections. The post of Sarpanch was reserved for backward class women. Petitioner was elected as Sarpanch from amongst elected Members of the Gram Panchayat on 10/2/2021. It is the case of the Petitioner that she was forced to resign from the post of Sarpanch on 5/3/2024 and submitted her letter of resignation to the Chairman of the Panchayat Samiti. In a similar manner, Upsarpanch also tendered his resignation on the same day. For verifying the resignations submitted by Petitioner and the Upsarpanch, meeting of the Gram Panchayat was convened vide letter dtd. 7/3/2024 and the same was held on 15/3/2024. The resignation submitted by Upasarpach was scrutinised and confirmed. However, when resignation letter of Petitioner was taken up for discussion, she withdrew the same during the course of meeting dtd. 15/3/2024. Accordingly, withdrawal of resignation was recorded in the minute book and minutes of the meeting were sent to higher authorities for taking further action. On same day i.e. 15/3/2024 Petitioner in her capacity as Sarpanch and the Gram Vikas Officer, jointly submitted letter dtd. 15/3/2024 to Block Development Officer (BDO) informing him about withdrawal of resignation by Petitioner and forwarded to him the minutes of the meeting dtd. 15/3/2024. The BDO, in turn forwarded the letter dtd. 15/3/2024 to Tehsildar together with minutes of the meeting dtd. 15/3/2024 by his letter dtd. 5/4/2024. In the meantime, Petitioner continued functioning as Sarpanch and participated in the meeting held on 8/4/2024 in which new Upasarpach was elected. This was done by her on an assumption that her resignation had not taken effect on account of its withdrawal.