Court rules that Gram Rojgar Sevak position does not constitute a salaried office or office of profit under Maharashtra Village Panchayats Act, 1958.
In a significant ruling, the Bombay High Court's Aurangabad Bench has reinstated Santosh, an elected member of the Village Panchayat of Devegaon, Parbhani District, who was previously disqualified for holding the post of Gram Rojgar Sevak. The court, presided over by Justice Ajit B. Kadethankar, concluded that the position of Gram Rojgar Sevak is neither a salaried office nor an office of profit, thereby not warranting disqualification under Sections 14(1)(f) and 14(1)(g) of the Maharashtra Village Panchayats Act, 1958.
The case arose when Santosh, while serving as an elected member, was also working as a Gram Rojgar Sevak, a role created under the Maharashtra Employment Guarantee Act of 1977 and Mahatma Gandhi National Rural Employment Guarantee Act of 2005. A complaint filed by respondent No. 3 led to his disqualification by the District Collector, a decision later upheld by the Additional Divisional Commissioner.
The High Court's decision hinged on several factors, including the nature of the Gram Rojgar Sevak position, which is appointed by the Gram Sabha and not the Village Panchayat. Justice Kadethankar emphasized that the remuneration for this role is an honorarium funded through administrative expenses, not a salary from the Panchayat. Furthermore, the Gram Rojgar Sevak does not participate in any Panchayat contracts or gain financially from its decisions, negating the possibility of it being an office of profit.
The court's judgment not only overturned the previous disqualification orders but also restored Santosh's position as a Panchayat member, provided the Panchayat's term is ongoing. This ruling is seen as a precedent for clarifying the employment status of Gram Rojgar Sevaks and their eligibility to hold elected positions without disqualification.
Bottom Line:
Post of 'Gram Rojgar Sevak' under the Maharashtra Employment Guarantee Act, 1977 and Mahatma Gandhi National Rural Employment Guarantee Act, 2005, regulated by the Government Resolution dated 02.05.2011, is neither a salaried office nor an office of profit under the Maharashtra Village Panchayats Act, 1958. Elected members of a Village Panchayat working as Gram Rojgar Sevak are not disqualified under Section 14(1)(f) or (g) of the Act.
Statutory provision(s): Maharashtra Village Panchayats Act, 1958 Sections 14(1)(f) and 14(1)(g), Maharashtra Employment Guarantee Act, 1977, Mahatma Gandhi National Rural Employment Guarantee Act, 2005, Government Resolution dated 02.05.2011, Article 227 of the Constitution of India.
