Sita Shivaji Ugle v. The State Of Maharashtra Through Its District Collector And Others
2025:BHC-AUG:21683
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD 947 WRIT PETITION NO. 817 OF 2024 Sita Shivaji Ugle Age : 50 Years, Occu : Household, R/o. At Post. Yawal Pimpri, Tq. Ghansawangi, Dist. Jalna
...Petitioner
VERSUS
1.
The State Of Maharashtra Through Its District Collector, Jalna, Dist. Jalna 2.
The Tahsildar, Tahsil Office, Ghansavangi, Dist. Jalna 3.
The Block Development Officer, Panchayat Samiti, Ghansavangi, Dist. Jalna 4.
The Gramsevak, Grampanchayat Office, Yawal Pimpri, Tq. Ghansavangi, Dist. Jalna 5.
Dadarao Ananda Kamble Upsarpanch R/o Yawalpimpri, Tq. Ghansawangi, Dist. Jalna 6.
Smt. Shila Kailas Kamble Grampanchayat Member R/o Yawalpimpri, Tq. Ghansawangi, Dist. Jalna 7.
Smt. Rohini Rajkumar Ugale Grampanchayat Member, R/o Yawalpimpri, Tq.
Ghansawangi, Dist. Jalna 8.
Smt. Rajamati Ganesh Ugale Grampanchayat Member, R/o Yawalpimpri, Tq.
Ghansawangi, Dist. Jalna ...
Respondents ...
Mr. Sambhaji G. Munde, Advocate for the Petitioner
Mr. B. B. Bhise, AGP for Respondent Nos. 1 & 2. Mr. Avinash D. Aghav, Advocate for Respondent No.7 ...
CORAM :
ROHIT W. JOSHI, J.
DATE : 7th AUGUST, 2025 ORAL JUDGMENT:
1.
Vide order dated 12.08.2022 passed by the Collector, Jalna, it is held that the petitioner has incurred disqualification as Sarpanch and Member of Grampanchayat, Yawalpimpri on account of failure on her part to convene any Gramsabha between March 2021 to September 2021.
2.
The learned Counsel for the petitioner has produced on record some record pertaining to Gramsabha purportedly held on 14.09.2021. The said documents as is rightly pointed out by the learned AGP pertains to monthly meeting of Grampanchayat and it is not pertaining to Gramsabha. No fault can be found with the impugned order holding that the petitioner has incurred disqualification as Sarpanch. However, the Collector has held that the petitioner has incurred disqualification both as a Sarpanch and also as a Member of Grampanchayat. Perusal of Section 7 of the Maharashtra Village Panchayats Act will indicate that a Sarpanch who fails to convene meeting of Gramsabha as required under said Section incurrs disqualification only as a Sarpanch and not as a Member of Grampanchayat. In view of the above, petition is partly allowed.
3.
Order dated 12.08.2022 passed by the District Collector, Jalna in Ja.Kra.2021/Sasha/GraPaNi/CR-136 is set aside to the extent that the petitioner has incurred disqualification as a Member of Grampanchayat. The order is maintained to the extent that the petitioner has incurred disqualification as a Sarpanch.
[ROHIT W. JOSHI J.]