POONAM BHARAT KUDALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith, and, with the consent of learned Counsel for the parties, heard finally.

(2.) By this petition under Article 227 of the Constitution of India the petitioner assails the legality, propriety and correctness of an order dtd. 19/8/2025 passed by the Minister, Rural Development and Panchayatraj, Government of Maharashtra in Appeal No. VPM-2025/. . 07/2025, whereby the appeal preferred by the Respondents No. 5 and 6 ? the Up-Sarpanch and Member of Village Panchayat ? Hiware, against an order passed by the Divisional Commissioner, Pune removing the respondents from the post of Sarpanch and Member of the Village Panchayat in exercise of the power under Sec. 39(1) of the Maharashtra Village Panchayats Act, 1959, ("the Act, 1959") came to be allowed by setting aside the said order of removal.

(3.) Shorn of unnecessary details, the background facts can be stated as under:-