1 PGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.10052 of 2009 Mohammed Bapu Mujawar .. .. Petitioner v/s. Farid Babu Mujawar & ors. .. .. Respondents Mr.S.S. Salunkhe for Petitioner. Mr.Surel S. Shah for Res.No.1. Mrs.M.S. Bane, B Panel for Res.Nos.2 & 3. ----- CORAM : SMT.ROSHAN DALVI, J. DATED : 12th March, 2010 P.C. : 1.Rule, returnable forthwith. 2.The Petitioner has been removed as the Sarpanch and the member of the Gram Panchayat Mundewadi, Taluka Pandharpur, District Solapur. The Petitioner has challenged the order of the Collector, Solapur Division, Solapur dated 20.2.2009 and the order of the Commissioner, Pune Division, Pune, dated 8.9.2009 in Appeal therefrom and the order dated 18.11.2009 of the Minister of State for Rural Development in Revision thereafter. 2 3.The Petitioner is shown to have withdrawn from time to time Rs.40,000/-, Rs.64,000, Rs.29,700/-, Rs.61,500/-, Rs.48,000/-, Rs.22,000/- and Rs.26,300/- under self cheques. The Petitioner claims to have made payments to various parties from the amounts withdrawn. It is inconceivable how the Petitioner, as the Sarpanch of the Gram Panchayat, could not have issued cheques to the requisite parties from the account of the Gram Panchayat for the payments to be made to those parties. 4.It is the case of Respondent No.1 that the Petitioner has got the contract for and in the name of his son and hence the Petitioner has himself withdrawn the amounts to pay his son so that the payments made to his son are not reflected in the Gram Panchayat account. 5.The Petitioner cannot do indirectly what he can do directly. The act amounts to misconduct. If that is done directly, it would have been seen that the Petitioner had an interest in the work done by the Panchayat. Consequently, the Petitioner becomes disqualified under Section 14(1)(g) of the Bombay Village Panchayat Act, 1953. The concurrent findings of the aforesaid three Authorities are correct and cannot be interfered with. 6.The Writ Petition is dismissed and Rule is discharged accordingly. 7.No order as to costs. (SMT.ROSHAN DALVI, J.) 3