Removal of an elected Sarpanch from office requires strict adherence to statutory provisions
Bombay High Court Quashes Removal of Sarpanch, emphasizes strict adherence to statutory provisions and natural justice in the removal of elected representatives.
News Report:
In a significant judgment, the Bombay High Court has set aside the removal of Somnath Dattatraya Kanse from the post of Sarpanch of Village Panchayat, Javalarjun, Tal-Purandar, District-Pune. The decision was delivered by Justice N.J. Jamadar, who ruled that the removal did not adhere to statutory requirements and violated principles of natural justice.
The case originated from allegations of misconduct against Kanse, including holding a Gramsabha meeting without a proper quorum and declining to sign a cheque due to lack of proper sanction. The Divisional Commissioner had initially removed Kanse based on these allegations, a decision which was later upheld by the Minister for Rural Development.
However, upon review, the High Court found that the alleged acts did not constitute misconduct under Section 39(1) of the Maharashtra Village Panchayats Act, 1959. Justice Jamadar emphasized that the number of members present at the Gramsabha was marginally short of the quorum, which at best amounted to an irregularity, not misconduct. Furthermore, the refusal to sign the cheque was justified due to the lack of proper sanction, which the court ruled could not be considered misconduct.
The judgment underscores the necessity of firmly establishing grounds for the removal of elected officials and strictly adhering to statutory provisions. It highlights the civil consequences for the individual and the electorate when an elected representative is removed from office.
The court's decision reaffirms the importance of natural justice, stating that the removal process must provide the accused with an effective opportunity to respond to allegations. The judgment also criticized the Minister for Rural Development's order as lacking reasoned analysis, which is essential for such decisions.
This ruling sets a precedent for future cases involving the removal of elected officials, ensuring that the principles of natural justice and statutory compliance are upheld.
Bottom Line:
Removal of an elected Sarpanch from office requires strict adherence to statutory provisions, clear establishment of grounds for removal, and conformity to principles of natural justice.
Statutory provision(s): Maharashtra Village Panchayats Act, 1959 Section 39(1), Section 39(3).
