NARENDRA PURUSHOTTAM INGOLE Vs. HONBLE STATE MINISTER

JUDGEMENT

(1.) Rule. Heard finally with the consent of learned Counsel for the parties.

(2.) The removal of the petitioner from the office of Sarpanch on account of disgraceful conduct pursuant to registration of a first information report against him and his consequent arrest is under challenge in the present writ petition.

(3.) The petitioner was elected as a Member of Gram Panchayat Wadki, Tah. Ralegaon, District Yavatmal in the elections that were held in June, 2015. The petitioner was thereafter elected as a Sarpanch. A complaint was lodged against the petitioner before the Anti-Corruption Bureau which laid a trap in which the petitioner was caught red-handed accepting the amount of illegal gratification. On that basis a first information report dated 16-2-2016 came to be registered against him under Sections 7 and 13 of the Prevention of Corruption Act, 1988. Pursuant to that report, investigation was made and a chargesheet was filed in the Special Court. In the light of such report being lodged against the petitioner, the Divisional Commissioner on 14-3-2016 granted permission to the Chief Executive Officer of the Zilla Parishad to conduct an enquiry under Section 39(1) of the Maharashtra Village Panchayats Act, 1959 (for short, the said Act). On that basis, the Dy. Chief Executive Officer issued a notice to the petitioner for holding an enquiry. The statement of the petitioner was thereafter recorded and a report was submitted to the Divisional Commissioner. The Divisional Commissioner passed an order on 27-6-2016 holding therein that since the petitioner was found prima facie involved and an offence was registered against him by virtue of the first information report, he was liable to be removed from the post of Sarpanch as well as Member of the Gram Panchayat under Section 39(1) of the said Act on account of his disgraceful conduct. The petitioner filed an appeal before the State Government and by the order dated 9-1-2017, the said appeal was dismissed and the removal of the petitioner under Section 39(1) of the said Act was confirmed. Being aggrieved, the present writ petition has been filed.