Case Note & Summary
The petitioner, a member of the Gram Panchayat, filed an application before the Collector seeking disqualification of respondent No.2 (Sarpanch) and respondent No.4 (Up-Sarpanch) on the ground that no meeting of the Gram Panchayat was held in February 2007 without any justification. The respondents contended that a meeting was called but could not be held due to the death of the mother of respondent No.3 (Secretary) on 13-2-2007. The Additional Collector, by order dated 28-7-2008, rejected the application holding that his jurisdiction under Section 36 of the Bombay Village Panchayats Act, 1958 was limited to finding whether there was sufficient cause for not convening the meeting and not for disqualifying the Sarpanch or Up-Sarpanch. The petitioner challenged this order before the High Court. The High Court held that the Collector's interpretation of Section 36 was erroneous. The Collector has the jurisdiction to decide whether there was sufficient cause for not convening the meeting, and if there was no such cause, he has to pass an order of disqualification. The court allowed the petition, set aside the impugned order, and remitted the matter to the Additional Collector to decide the application afresh on merits, in accordance with law, after giving an opportunity of hearing to all parties.
Headnote
A) Panchayati Raj - Disqualification of Sarpanch/Up-Sarpanch - Section 36 of Bombay Village Panchayats Act, 1958 - Jurisdiction of Collector - The Collector has jurisdiction to disqualify the Sarpanch or Up-Sarpanch for failure to convene a meeting of the Gram Panchayat without sufficient cause. The Additional Collector erred in holding that his jurisdiction was limited to finding whether there was sufficient cause for not convening the meeting and not for disqualifying the Sarpanch or Up-Sarpanch. (Paras 2-4)
Issue of Consideration
Whether the Additional Collector has jurisdiction under Section 36 of the Bombay Village Panchayats Act, 1958 to disqualify the Sarpanch or Up-Sarpanch for failure to convene a meeting of the Gram Panchayat without sufficient cause.
Final Decision
The petition is allowed. The impugned order dated 28-7-2008 passed by the Additional Collector, Akola is set aside. The matter is remitted to the Additional Collector to decide the application afresh on merits, in accordance with law, after giving an opportunity of hearing to all parties. Rule is made absolute accordingly.
Law Points
- Collector has jurisdiction under Section 36 of Bombay Village Panchayats Act
- 1958 to disqualify Sarpanch or Up-Sarpanch for failure to convene Gram Panchayat meeting without sufficient cause
- Collector's order refusing to disqualify on ground of lack of jurisdiction is erroneous
Case Details
2010 LawText (BOM) (01) 468
Writ Petition No.4532 of 2008
Shri Anup Dhore, Advocate, holding for Shri K.S. Malokar, Advocate, for Petitioner; Shri A.S. Parihar, AGP for Respondent No.1; Shri S.D. Chopde, Advocate for Respondent No.2; None for Respondent No.3, though served; Ms Kirti Satpure, Advocate for Respondent No.4
Raman son of Shantilal Jain
The Additional Collector, Akola; Sou. Archana Pramod Raut; Shri R.K. Bochare; Shri Jalaloddin Julfoddin
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Nature of Litigation
Writ petition challenging order of Additional Collector rejecting application for disqualification of Sarpanch and Up-Sarpanch for failure to convene Gram Panchayat meeting.
Remedy Sought
Petitioner sought disqualification of respondent Nos.2 and 4 (Sarpanch and Up-Sarpanch) for failure to convene meeting in February 2007 without sufficient cause.
Filing Reason
No meeting of Gram Panchayat was held in February 2007 without justification.
Previous Decisions
Additional Collector rejected the application on 28-7-2008 holding that he had no jurisdiction to disqualify under Section 36 of the Bombay Village Panchayats Act, 1958.
Issues
Whether the Additional Collector has jurisdiction under Section 36 of the Bombay Village Panchayats Act, 1958 to disqualify the Sarpanch or Up-Sarpanch for failure to convene a meeting of the Gram Panchayat without sufficient cause.
Submissions/Arguments
Petitioner argued that the Collector has jurisdiction to disqualify the Sarpanch or Up-Sarpanch for failure to convene meeting without sufficient cause.
Respondents argued that the Collector's jurisdiction is limited to finding whether there was sufficient cause for not convening the meeting and not for disqualification.
Ratio Decidendi
Under Section 36 of the Bombay Village Panchayats Act, 1958, the Collector has jurisdiction to decide whether there was sufficient cause for not convening a meeting of the Gram Panchayat, and if there was no such cause, he has to pass an order of disqualification of the Sarpanch or Up-Sarpanch. The Collector's view that his jurisdiction is limited to finding sufficient cause and not for disqualification is erroneous.
Judgment Excerpts
The Additional Collector had considered the material placed before him, but concluded that his jurisdiction was limited to finding whether there was sufficient cause for not convening meeting of the Gram Panchayat and not for disqualifying Sarpanch or Up-Sarpanch.
It was for the Collector to decide whether there was a sufficient cause or not, and if there was no such cause, he has to pass the order of disqualification.
Procedural History
Petitioner filed application before Collector seeking disqualification of Sarpanch and Up-Sarpanch. Additional Collector rejected application on 28-7-2008 holding lack of jurisdiction. Petitioner filed Writ Petition No.4532 of 2008 before Bombay High Court, Nagpur Bench. High Court allowed petition and remitted matter for fresh decision.
Acts & Sections
- Bombay Village Panchayats Act, 1958: Section 36
