Case Note & Summary
The petitioner, Nanasaheb s/o Dhondiram Mundhe, was the Sarpanch of village Khandali, Taluka Gangakhed, District Parbhani. He challenged an order dated 15th February 2010 passed by the Additional Collector, Parbhani, in proceedings under Section 7 of the Bombay Village Panchayat Act, 1958 read with Rule 3(1) of the relevant Rules, by which he was disqualified as Sarpanch. The petitioner contended that the impugned order was passed without giving him any notice or opportunity of hearing, in gross violation of the principles of natural justice. The respondents, including the Additional Collector, Gram Sevak, and private individuals, were represented. The court, after hearing the advocates, noted that the order was passed ex parte without any opportunity to the petitioner. The court held that the order violated the principles of natural justice and could not be sustained. Consequently, the court quashed and set aside the impugned order and remanded the matter to the Additional Collector for fresh consideration after giving the petitioner an opportunity of hearing. The petition was allowed accordingly.
Headnote
A) Constitutional Law - Natural Justice - Audi Alteram Partem - Bombay Village Panchayat Act, 1958, Section 7 - Disqualification of Sarpanch - The petitioner was disqualified as Sarpanch without being given any notice or opportunity of hearing. The Additional Collector passed the order ex parte. The High Court held that the order violated principles of natural justice and was liable to be set aside. (Paras 1-3)
B) Panchayati Raj - Disqualification - Opportunity of Hearing - Bombay Village Panchayat Act, 1958, Section 7 read with Rule 3(1) - The impugned order was passed without affording any opportunity to the petitioner. The Court found that the order was passed in gross violation of natural justice and quashed it, remanding the matter for fresh consideration after hearing the petitioner. (Paras 2-3)
Issue of Consideration
Whether the order of disqualification of the petitioner as Sarpanch under Section 7 of the Bombay Village Panchayat Act, 1958 read with Rule 3(1) of the relevant Rules is sustainable when the petitioner was not given an opportunity of hearing before passing the order.
Final Decision
The petition is allowed. The impugned order dated 15th February 2010 passed by the Additional Collector, Parbhani is quashed and set aside. The matter is remanded to the Additional Collector for fresh consideration after giving an opportunity of hearing to the petitioner.
Law Points
- Natural Justice
- Audi Alteram Partem
- Disqualification of Sarpanch
- Bombay Village Panchayat Act
- 1958
- Section 7
- Rule 3(1)
- Opportunity of Hearing
- Notice
Case Details
2010 LawText (BOM) (02) 15
Writ Petition No. 4660 of 2009
Mr. S.V. Mundhe for petitioner; Mr. N.N. Jadhav, AGP for respondent/State; Mr. S.S. Thombre for respondents No. 4, 6 and 7
Nanasaheb s/o Dhondiram Mundhe
Additional Collector, Parbhani; Gram Sevak, Gram Panchayat, Khandali; Gangasagar w/o Datta Pawar; Datta s/o Maroti Pawar; Laxman s/o Nivrati Jangale; Dnyanoba s/o Bhanudas Bhosle; Chandrakala w/o Manikrao Pawar; Sangram s/o Manikrao Pawar
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Nature of Litigation
Writ petition challenging disqualification order under Section 7 of Bombay Village Panchayat Act, 1958.
Remedy Sought
Quashing of the order of disqualification passed by Additional Collector, Parbhani.
Filing Reason
Petitioner was disqualified as Sarpanch without being given any notice or opportunity of hearing.
Previous Decisions
Additional Collector, Parbhani passed order disqualifying petitioner as Sarpanch in proceedings under Section 7 of BVP Act read with Rule 3(1).
Issues
Whether the impugned order of disqualification was passed in violation of principles of natural justice?
Whether the order is sustainable when no opportunity of hearing was given to the petitioner?
Submissions/Arguments
Petitioner argued that the impugned order was passed without giving him any notice or opportunity of hearing, violating natural justice.
Respondents did not contest the violation of natural justice; the court noted the order was ex parte.
Ratio Decidendi
An order of disqualification under Section 7 of the Bombay Village Panchayat Act, 1958 read with Rule 3(1) cannot be sustained if passed without affording the affected person an opportunity of hearing, as it violates the principles of natural justice (audi alteram partem).
Judgment Excerpts
Challenge in this petition is to order rendered by learned Additional Collector, Parbhani, in proceedings under section 7 of the Bombay Village Panchayat Act, 1958 read with Rule3 (1) of the relevant Rules bearing No. 209/A2/VP/CR5.
By the impugned order, the petitioner was disqualified as Sarpanch of village...
The impugned order is passed without giving any opportunity of hearing to the petitioner. Hence, the impugned order cannot be sustained.
Procedural History
The Additional Collector, Parbhani passed an order disqualifying the petitioner as Sarpanch under Section 7 of the Bombay Village Panchayat Act, 1958 read with Rule 3(1). The petitioner challenged this order by filing Writ Petition No. 4660 of 2009 before the Bombay High Court, Bench at Aurangabad. The High Court heard the matter and delivered judgment on 15th February 2010.
Acts & Sections
- Bombay Village Panchayat Act, 1958: Section 7
- Bombay Village Panchayat Rules: Rule 3(1)
