Case Note & Summary
The petitioners, who were the Chairman and Deputy Chairman of Panchayat Samiti Nagbhid, challenged a no-confidence motion passed against them in a special meeting dated 14-7-2020. They argued that the meeting was convened without giving the mandatory 15 days' notice as required under Section 66(2) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The court examined the provision and noted that the language of Section 66(2) uses the word 'shall', indicating a mandatory requirement. The court held that the notice period of 15 days is mandatory and not directory, and any violation renders the resolution invalid. The court also noted that the respondents did not dispute the fact that the notice period was not complied with. Consequently, the court quashed the no-confidence motion and allowed the petition. The court did not award costs.
Headnote
A) Panchayat Raj - No-Confidence Motion - Notice Period - Section 66(2) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The court considered whether the no-confidence motion passed against the Chairman and Deputy Chairman of Panchayat Samiti Nagbhid was valid when the meeting was convened on 14-7-2020 without giving the mandatory 15 days' notice. The court held that the requirement of 15 days' notice under Section 66(2) is mandatory and not directory, and the failure to comply renders the resolution invalid. The court quashed the no-confidence motion. (Paras 3-6)
Issue of Consideration
Whether the no-confidence motion passed against the Chairman and Deputy Chairman of Panchayat Samiti is valid when the meeting was convened without giving the mandatory 15 days' notice as required under Section 66(2) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
Final Decision
The court quashed the no-confidence motion passed in the special meeting dated 14-7-2020 against the petitioners. Rule made absolute. No order as to costs.
Law Points
- Statutory interpretation
- mandatory notice period
- no-confidence motion
- Panchayat Samiti
- Section 66(2) Maharashtra Zilla Parishads and Panchayat Samitis Act 1961
- quashing of resolution
