VANDANA RAMESH WAGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule returnable forthwith. Heard finally by consent of the learned Counsel appearing for the parties.

(2.) The petitioners herein were the elected Sarpanch, Up-sarpanch and members of Gram Panchayat Kolhigolhar, Taluka Motala, District Buldhana, who stood removed from the said office by impugned order dated 22-03-2017, passed by respondent no.2-Divisional Commissioner and the appeal filed by them before respondent no.1 stood dismissed by impugned order dated 17-01-2018, thereby confirming their removal from office. The petitioners were removed from office on a complaint submitted by respondent nos. 6 and 7, under Section 39 of the Maharashtra Village Panchayats Act, 1959 [for short, 'Act of 1959'], on the ground that they had indulged in misconduct in discharge of their duties by holding meetings of the Gram Sabha when Model Code of Conduct was in operation, in view of election programme declared for a by-election to a seat of member of the said Gram Panchayat. It was found that the petitioners in the said meetings took up the issue of distributing benefits to the residents of the very ward for which the election had been declared, thereby not only violating the Model Code of Conduct, but polluting the entire election process, making them liable for removal under the said provision of the Act of 1959.

(3.) The petitioners were elected as Sarpanch, Up-sarpanch and members of the said Gram Panchayat in July/August, 2015. The petitioner no.6 was elected from two constituencies and he resigned from one of them, leading to the necessity of holding a by-election for the seat that had fallen vacant. On 30-09-2015, a notice was issued for holding a meeting of Gram Sabha on 02-10-2015. But, on the said date i.e. 02-10-2015, there was lack of quorum as a result of which the meeting was adjourned to 12-10-2015. On the said adjourned date of meeting, the Gram Sabha was attended by large number of residents of various wards of the Gram Panchayat and decisions were taken in the said Gram Sabha regarding allotment of Farm Ponds and other benefits to various persons in the wards of the Gram Panchayat, including persons from Ward No.1, where byelection was declared.