Case Note & Summary
The petitioners, who were the Sarpanch, Up-Sarpanch, and a member of the Gram Panchayat of Loni, were elected in January 2021. Respondent no.7, the husband of a defeated candidate, made complaints alleging that the petitioners forged a resolution and misused their powers. Based on this complaint, the Additional Commissioner initiated an inquiry under Section 39(3) of the Maharashtra Village Panchayat Act, 1959 and issued a show cause notice to the petitioners. The petitioners challenged the notice on the ground that respondent no.7 was not a member of the panchayat and thus could not make a complaint under Section 39(3). The Court examined the language of Section 39(3) and held that the power to remove a member can only be exercised on a complaint by a member of the panchayat. Since respondent no.7 was not a member, the inquiry was without jurisdiction. The Court quashed the show cause notice and allowed the writ petition.
Headnote
A) Panchayat Law - Removal of Sarpanch and Members - Section 39(3) of Maharashtra Village Panchayat Act, 1959 - Complaint by Non-Member - The Additional Commissioner initiated an inquiry under Section 39(3) on a complaint by respondent no.7, who was not a member of the Village Panchayat. The Court held that the power under Section 39(3) can only be exercised on a complaint by a member of the panchayat, not by a private individual. The inquiry was without jurisdiction and the show cause notice was quashed. (Paras 5-7)
B) Panchayat Law - Interpretation of Statute - Section 39(3) of Maharashtra Village Panchayat Act, 1959 - The Court interpreted the phrase 'on a complaint' in Section 39(3) to mean a complaint by a member of the panchayat, as the provision is part of a scheme for removal of members. The Court relied on the principle that a statutory power must be exercised strictly in accordance with the conditions prescribed. (Paras 5-7)
Issue of Consideration
Whether the Additional Commissioner had jurisdiction to initiate an inquiry under Section 39(3) of the Maharashtra Village Panchayat Act, 1959 on a complaint made by a person who is not a member of the Village Panchayat.
Final Decision
The writ petition is allowed. The show cause notice and the inquiry initiated by the Additional Commissioner under Section 39(3) of the Maharashtra Village Panchayat Act, 1959 are quashed and set aside.
Law Points
- Section 39(3) of Maharashtra Village Panchayat Act
- 1959
- complaint by non-member invalid
- lack of jurisdiction
- removal of Sarpanch and members
- inquiry without authority
- writ petition allowed
Case Details
2024 LawText (BOM) (04) 5
WRIT PETITION NO. 8832 OF 2023
Mr. S.G. Kawade, Mrs. M.L. Sangit, Mr. D.K. Chavan, Mr. B.B. Bhise
Smt. Rani w/o Shahaji Shinde, Vinod s/o Pandurang Shinde, Smt. Priyanka w/o Jayram Mali
The State of Maharashtra, Additional Divisional Commissioner, Chief Executive Officer Zilla Parishad Osmanabad, Block Development Officer Panchayat Samiti Paranda, Extension Officer Panchayat Samiti Paranda, Vitthal s/o Sarjerao Shinde
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Nature of Litigation
Writ petition challenging show cause notice for removal of Sarpanch and members under Section 39(3) of Maharashtra Village Panchayat Act, 1959.
Remedy Sought
Quashing of the show cause notice and inquiry initiated by the Additional Commissioner.
Filing Reason
The petitioners were served with a show cause notice based on a complaint by respondent no.7, who was not a member of the Village Panchayat, and they challenged the jurisdiction of the Additional Commissioner.
Issues
Whether the Additional Commissioner had jurisdiction to initiate an inquiry under Section 39(3) of the Maharashtra Village Panchayat Act, 1959 on a complaint made by a person who is not a member of the Village Panchayat.
Submissions/Arguments
Petitioners argued that respondent no.7 is not a member of the Village Panchayat and thus cannot make a complaint under Section 39(3). The inquiry is without jurisdiction.
Respondents argued that the Additional Commissioner has power to act on any complaint, not necessarily by a member.
Ratio Decidendi
The power under Section 39(3) of the Maharashtra Village Panchayat Act, 1959 to remove a member can only be exercised on a complaint made by a member of the panchayat. A complaint by a private individual who is not a member does not confer jurisdiction on the Additional Commissioner to initiate an inquiry.
Judgment Excerpts
The power under Section 39(3) of the Act of 1959 can be exercised only on a complaint by a member of the panchayat.
The Additional Commissioner had no jurisdiction to initiate an inquiry on the complaint of respondent no.7, who is not a member of the Village Panchayat.
Procedural History
The petitioners were elected in January 2021. Respondent no.7 made a complaint to the Additional Commissioner, who initiated an inquiry under Section 39(3) and issued a show cause notice. The petitioners filed the present writ petition challenging the notice. The petition was heard and reserved on January 25, 2024, and judgment pronounced on April 4, 2024.
Acts & Sections
- Maharashtra Village Panchayat Act, 1959: Section 39(3)
