Bombay High Court Lets Outgoing Sarpanchs To Continue As Administrators For Now, But Restrains Them From Taking Policy Decisions

While hearing petitions challenging the Maharashtra Government's decision to appoint outgoing Sarpanchs of over 14,500 Gram Panchayats as Administrators of their respective Gram Panchayats, the Bombay High Court recently restrained such Administrators from taking any major decisions particularly with respect to expenditures or policies etc, till further orders.A division bench of Justice Ravindra Ghuge and Justice Abhay Mantri did not stay the operation of the Government Resolution (GR) issued on February 20, 2026 by virtue of which, pending the outcome of the elections to nearly 14,500 Gram Panchayats, the outgoing or the existing Sarpanchs were resolved to be appointed as Administrators of the said Gram Panchayats for a period of six months or till the conclusion of the elections. "There is no dispute that such Gram Panchayats could number around 14,500 and the State Government has taken a decision to place the outgoing Sarpanch in the position of Administrator after the term of Sarpanch has expired. In the peculiar facts and circumstances of such cases, we permit the Sarpanch, who has been specifically issued with an order to occupy the position of Administrator, to take charge. This would not create any equities in favour of such Sarpanch, nor shall it be a ground to non-suit the Petitioners," the judges said in the order passed on March 18.The bench however, restrained the Administrators from taking any major decisions. "We, however, clarify that no policy decision shall be taken by the Sarpanch in his capacity as an Administrator. Major expenditure shall be restrained, and such Administrator shall incur expenditure only on minor heads as a part of the routine day-to-day administration, including payment of salaries of employees and making statutory payments towards water, electricity, and other essential services," the bench made it clear. While the petitioners have argued that the decision to appoint outgoing Sarpanch as Administrator of the Gram Panchayat is contrary to the democratic principles, the State has maintained that if the Sarpanch is restrained from taking charge, either the Gram Panchayat would be practically headless, or the entire Panchayat may then have to operate the Gram Panchayat, which would be contrary to Article 243 (E) of the Constitution of India.The bench while passing the brief order, noted that similar interim orders have been passed by the coordinate benches at Aurangabad and Kolhapur. It noted that the State was contemplating to move the Chief Justice and seek tagging of all the petitions together. Therefore, the judges ordered the State to file its affidavit-in-reply to the present batch of petitions by March 27. The matter has been posted for further hearing on April 7.Appearance:Senior Advocate Atul Damle along with Advocates Shrinivas Patwardhan, Chetan Nagore, Harshwardhan Pawar, Prasad Avhad, Esheta Lunkad, Padmasinh Patil, NS Bobade, Rahul Kulkarni and Avinash Fatangare appeared for the Petitioners.Advocates Sachindra Shetye, Suraj Chakor, Akshay Pansare and Nipun Sawane represented the State Election Committee.Advocate General Dr. Milind Sathe, Government Pleader Neha Bhide, Additional Government Pleader Priyabhushan Kakade along with Assistant Government Pleaders Mona Thakur and PN Diwan represented the State. Senior Advocate Neeta Karnik and Advocate Piyush Todkar represented a Gram Panchayat. Case Title: Alankar Balasaheb Kanchan vs State of Maharashtra (Writ Petition 2912 of 2026)Click Here To Read/Download Order

Bombay High Court Lets Outgoing Sarpanchs To Continue As Administrators For Now, But Restrains Them From Taking Policy Decisions

Narsi Benwal

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