Sarpanch cannot be disqualified merely because he did not perform statutory duty: Bombay HC

The Bombay High Court recently held that merely because a sarpanch of a village has not performed his statutory duties, he cannot be disqualified from the post .

𝗦𝗮𝗿𝗽𝗮𝗻𝗰𝗵 𝗣𝗼𝘁𝗲 𝘄𝗮𝘀 𝗱𝗶𝘀𝗾𝘂𝗮𝗹𝗶𝗳𝗶𝗲𝗱 𝗯𝘆 𝗰𝗼𝗹𝗹𝗲𝗰𝘁𝗼𝗿 𝗼𝘃𝗲𝗿 𝗻𝗼𝗻-𝗽𝗲𝗿𝗳𝗼𝗿𝗺𝗮𝗻𝗰𝗲 𝗼𝗳 𝗱𝘂𝘁𝘆

Justice Arun Pednekar of the Aurangabad bench of the HC was hearing a petition by one Manohar Dnyaneshwar Pote, who was disqualified by the Collector by an order passed on September 8, 2022 stating that he failed to conduct four meetings in a financial year as mandated under the Maharashtra Village Panchayats Act, 1958.

While setting aside the collector’s order, the HC said: "Mere non-performance of the statutory duty would not disqualify the elected member unless he is not able to give a good reason for non-performing of the statutory duty. Thus, non-performance of statutory duty does not lead to automatic disqualification.”

Justice Pednekar, noted that that an elected member is to be removed in exceptional circumstances and that he has to be explained the specific charge against him and also the elected member should be given an opportunity to explain the sufficient cause for his failure to perform statutory duty.

𝗛𝗖 𝗾𝘂𝗮𝘀𝗵𝗲𝘀 𝗣𝗼𝘁𝗲'𝘀 𝗱𝗶𝘀𝗾𝘂𝗮𝗹𝗶𝗳𝗶𝗰𝗮𝘁𝗶𝗼𝗻

Pote contended that he could not hold four meetings in the first half of 2021 owing to the prohibitory orders issued under the Disaster Management Act and section 144 of the Criminal Procedure Code (CrPC) due to the prevalence of COVID-19 pandemic. Soon after the prohibitory orders were lifted, he held meetings in September 3, 2021, November 16 and 30, 2021 and an online meeting on January 26, 2022.

He, therefore, argued that he has conformed with Section 7 of the Maharashtra Village Panchayats Act, which mandates holding four meetings in a financial year and that the gap between two such meetings should not be of more than four months.

However, the disqualified Pote's reasoning that he held meetings consecutively and did not follow the four months gap part in the provision resonated with the court.

Disagreeing by with the Collector’s reasoning, the HC quashed Pote’s disqualification.

"The Act does not contemplate holding of meetings in a particular way. The requirement of law is that in the financial year there has to be at least four meetings of the Gram Sabha and that gap in between meetings should not be more than 4 months,” observed the court.

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