‘Village representative can’t be removed for irregularities in past term’
Panaji: The High Court of Bombay at Goa on Tuesday ruled that an elected village representative cannot be stripped of office or disqualified for alleged irregularities committed during an expired term once re-elected to a new term.
The HC set aside orders passed by the Director of Panchayats and the District Court that had ousted Sangolda Deputy sarpanch Ulhas Morajkar and declared his 2022 election void.
“It is trite that removal of elected representative shall be in exceptional circumstances and upon strict adherence to the statutory provisions and after holding a full-fledged inquiry, meeting requirement of principles of natural justice, and giving an incumbent an opportunity to defend himself,” sate the court
The High Court, stated that, as laid down by Supreme Court in case of Ravi Yashwant Bhoir (supra), an elected official in local self-government has to be put on higher pedestal as against government servant and that for his removal more stringent and standard proof is required.
“In the present case, allegation against petitioner are relating to violation of procedure for expenditure of panchayat fund and not intentional act that was detrimental to the interest of the panchayat. Therefore, going by material on record no case is made out for action of removal,” it stated
The High Court quashed the orders removing Morajkar from office and disqualifying him from contesting elections for five years over alleged procedural violations involving the withdrawal of Rs 8.70 lakh in panchayat funds during his previous term as sarpanch.
The court held that proceedings for removal cannot be initiated after a member secures a fresh electoral mandate if the alleged misconduct relates solely to the previous term and no action was initiated during that tenure.
It also observed that the expenditure was accepted as genuine, with no allegation of misappropriation, and was incurred for the panchayat during the Covid period.
