DAMAYANTI Vs. ASHOK

JUDGEMENT

(1.) The challenge raised in the present writ petition is to the order passed by the Hon'ble Minister of State, Rural Development in proceedings under Section 39(3) of the Maharashtra Village Panchayats Act, 1958 (for short, 'the said Act') dismissing the appeal preferred by the petitioner thereby confirming the order passed by the Divisional Commissioner under Section 39(1) of the said Act removing the petitioner from the post of Sarpanch.

(2.) The petitioner was initially elected as member of the Gram Panchayat, Wai, Tahsil Karanja (Lad), District Washim on 21.12.2015. She was then elected as Sarpanch on 08.01.2016. The respondent nos. 1 to 4 herein sought removal of the petitioner under the provisions of Section 39(1) of the said Act on the ground that the petitioner by misusing her authority as Sarpanch had cut about twelve trees without any due permission. These trees valued at Rs.60,000/- were then sold also without any permission. Complaints were made by the said respondents before the Tahsildar which resulted in fine being imposed upon the petitioner. Since the act on the part of the petitioner of illegally cutting the trees amounted to misconduct, the aforesaid proceedings came to be filed under Section 39(1) of the said Act. The Divisional Commissioner on 14.09.2017 directed the Chief Executive Officer, Zilla Parishad, Washim to conduct an enquiry into the matter. The Chief Executive Officer thereafter directed the Deputy Chief Executive Officer to hold a preliminary enquiry. On his instructions, the Block Development Officer conducted a preliminary enquiry by granting opportunity to the petitioner and the respondent nos. 1 to 4. He recorded various statements and also inspected the spot in question. The Tahsildar also submitted his report on 23.10.2017 in which it was stated that about seven trees had been cut from their base and branches of three trees had also been cut. It was further stated that fine of Rs.6,000/- had been imposed upon the petitioner. The Chief Executive Officer thereafter held further enquiry into the matter and after giving due opportunity to the petitioner submitted his report on 20.03.2018. As per that report he concluded that the petitioner had cut six trees without due permission. He therefore opined the petitioner was liable to be removed under Section 39 (1) of the said Act.

(3.) Pursuant to the aforesaid report, the Divisional Commissioner after hearing both the sides passed an order dated 01.11.2018 holding therein that there was no document on record to indicate permission having been sought prior to cutting of six trees. He held that this action resulted in misuse of the post held by the petitioner. Hence by his order dated 01.11.2018 the petitioner was removed from the post of Sarpanch as well as member of the Gram Panchayat. The petitioner therefore challenged this order by filing an appeal before the State Government. The Hon'ble Minister of State, Rural Development after hearing both the sides was pleased to confirm the order passed by the Divisional Commissioner and by his order dated 04.06.2019 the appeal came to be dismissed. Being aggrieved, that order has been challenged in the present writ petition.