Case Note & Summary
The petitioners, who were elected members of the Gram Panchayat Parewadi, challenged the order dated 17/02/2020 passed by the Additional Commissioner, Nashik Division, Nashik, appointing the Tahsildar, Pathardi, as Administrator of the Gram Panchayat. The petitioners contended that the elected body was not dissolved and its term had not expired, and therefore the Additional Commissioner had no jurisdiction to appoint an Administrator under Section 55 of the Maharashtra Village Panchayats Act, 1959. The respondents argued that the appointment was made due to certain irregularities. The court examined the provisions of Section 55 and held that the power to appoint an Administrator arises only when the Panchayat is dissolved or its term expires. Since neither condition was met, the order was without jurisdiction. The court allowed the writ petitions, quashed the impugned order, and directed that the elected body continue to function.
Headnote
A) Panchayat Law - Appointment of Administrator - Jurisdiction - Section 55, Section 72 Maharashtra Village Panchayats Act, 1959 - The Additional Commissioner appointed the Tahsildar as Administrator of the Gram Panchayat without dissolving the elected body or awaiting expiry of its term. The court held that such appointment was without jurisdiction as the conditions precedent under Section 55 were not satisfied. The court quashed the order and directed the elected body to continue. (Paras 1-10) B) Panchayat Law - Dissolution of Panchayat - Conditions Precedent - Section 55 Maharashtra Village Panchayats Act, 1959 - The power to appoint an Administrator under Section 55 arises only when the Panchayat is dissolved or its term expires. In the absence of dissolution or expiry, the Additional Commissioner cannot appoint an Administrator. The court held that the impugned order was illegal and set aside. (Paras 1-10)
Issue of Consideration
Whether the Additional Commissioner had jurisdiction to appoint the Tahsildar as Administrator of the Gram Panchayat when the elected body was not dissolved and its term had not expired.
Final Decision
The court allowed the writ petitions, quashed the order dated 17/02/2020 appointing the Tahsildar as Administrator, and directed that the elected body of Gram Panchayat Parewadi continue to function.
Law Points
- Appointment of Administrator
- Dissolution of Panchayat
- Jurisdiction of Additional Commissioner
- Section 55 Maharashtra Village Panchayats Act
- 1959
- Section 72 Maharashtra Village Panchayats Act
