Jyoti Prabhakar Khairnar v. The State Of Maharashtra And ORS
Dusane
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8310 OF 2023 Jyoti Prabhakar Khairnar
...Petitioner
V/s.
The State of Maharashtra & Ors.
...Respondents
Mr. Eknath Dhokale for Petitioner.
Mrs. V.S. Nimbalkar, AGP for State- Respondent No.3.
Mr. Abhijeet Khade i/by Mr. Satyajeet P. Dighe for Respondent Nos. 5 and 6.
CORAM:
MADHAV J. JAMDAR, J.
DATE:
11th October 2023 P.C.:
1.
Heard Mr. Dhokale, learned Counsel appearing for the Petitioner and Mr. Khade, learned Counsel appearing for Respondent Nos. 5 and 6.
2.
By the impugned order dated 19th October 2022 passed by the Additional Collector, Nashik in Gram Panchayat Dispute Application No. 87 of 2021, the Petitioner is disqualified from the Membership of the Gram Panchayat, Jaulke, Taluka Yeola, District Nashik and as she has been disqualified as Member of Gram Panchayat therefore she is also disqualified as the 1/4
Sarpanch of the said village Panchayat. It is the contention of the contesting Respondents that she has violated Section 14 1(g) of the Maharashtra Village Panchayats Act, 1958 which reads as under:
14.
Disqualifications.-- [(1) No person shall be a member of Panchayat, or continue as such, who ----- (g) has directly or indirectly, by himself or his partner, any share or interest in any work done by order of the Panchayat, or in any contract with, by or on behalf of, or employment with or under, the Panchayat; or 3.
The said order of the Additional Collector, Nashik is confirmed by the Additional Commissioner, Nashik Division, Nashik by order dated 19th May 2023 passed in Gram Panchayat Appeal No. 177 of 2022.
4.
It is the contention of Mr. Dhokale, learned Counsel appearing for the Petitioner that amidst strict lock-down due to Covid-19, very urgent work was done on 7th April 2020 to take precautionary measures and therefore for that purpose Petitioner's husband- Respondent No. 7 spent money from his personal funds towards expenses incurred for said work. He further pointed out the Resolution of monthly meeting dated 7th April 2020 passed by the Gram Panchayat. The said 2/4
Resolution reads as under:
ववषयdz मांक४:
आलेलयाअरारचेवाचनकरणेवतयावरवनणरयघेणे ठरावक्रमांक४:
आरचयासभेतसदरचाववषयचचरलाआलाअसता Jh iz भाकर रामभाऊ खैरनार यांचया अरारचे सववसतरपणे वाचन करणयातआले- तयांचयाअरारनुसारतयांनीxzkपंहदीतीलइलेकट्h क मोटरदुरसतीआरवकतबंधाराभरणेकामीरे सीबीलावणे तसेच गावातीलकोरोनाiz वतबंधकफवारणीटीसीएलवऔषधफवारणी केलीअसूनसवर खचर तयांनीअतयंतवनकडीचीगररमहणूनरोख सवरपातकेलाअसूनआलेलाखचरमलावमळावाअशीमागणीकेली आहे यावर महाराषट् xzk मपंचायत लेखासंवहता चया तरतुदीनुसार xzk मपंचायतीने वबलाiz माणे संबंवधतास धनादेशाने रककम वर करणे बंधनकारकआहे- असेमतxzk मपंचायतसवचवयांनीमांडले तथावप असेअसताना पवरवससतीनुरपवगररेनुसारवबलरककमहीiz भाकर रामभाऊ खैरनार यांनी रोख सवरपात वदलयाचे तयांनी लेखी दसतऐवरादारेसभेचयावनदशरनासआणूनवदलेआहे Jh iz भाकररामभाऊखैरनारयांनीसंबंधीतवबलधारकांनारोखरककम वदले असलयाचे खा=h पटवून आरचया सभेचया वनदशरनास आणून वदलयानेसदरवबलाचीरककमहीJh iz भाकररामभाऊखैरनारयांना अदाकरणयासआरचीसभाबहुमतानेमंरुरीदेतआहे सूचक- Jh मतीमंदामोतीरामपवारअनुमोदक- Jh मतीकलपनापुंडवलकदराडे ठरावबहुमतानेमंरूर (Emphasis added) 5.
It is significant to note that the complaint is filed seeking disqualification of the Petitioner by the present Respondent No. 5, who is Member of the Gram Panchayat and Respondent No. 6 Santosh Karbhari Khairnar, husband of Smt. Manisha Santosh 3/4
Khairnar, the Member. It is significant to note that both Changdev Khanderao Jadhav and Smt. Manisha Santosh Khairnar were present in the meeting of Gram Panchayat dated 7th April 2020 and perusal of the above Resolution does not show that these two members have opposed the said Resolution. In any case, perusal of both the impugned orders do not show that this factual position is taken into consideration. Therefore, the impugned orders are perverse and liable to be quashed and set aside.
6.
It is to be noted that for the benefit of villagers/ residents of said Gram Panchayat, very urgent action was required to be taken by the Petitioner in her capacity as the member and Sarpanch of the Gram Panchayat and for that purpose, urgent expenses were borne by the husband of the Petitioner. 7.
Accordingly, the Writ Petition is allowed by setting aside the order dated 19th October 2022 passed by the Additional Collector, Nashik in Gram Panchayat Dispute Application No. 87 of 2021 as well as order dated 19th May 2023 passed by learned Additional Commissioner, Nashik Division, Nashik in Gram Panchayat Appeal No. 177 of 2022 and said Gram Panchayat Dispute Application No. 87 of 2021 is dismissed. BHALCHANDRA GOPAL DUSANE (MADHAV J. JAMDAR, J.) BHALCHANDRA GOPAL DUSANE Date: 2023.10.17 18:07:11 +0530 4/4