High Court Quashes Government Resolution Mandating Sarpanch as Ex-officio President of Village Development Committees under Bombay Village Panchayat Act, 1958. Gram Sabha's exclusive power to constitute Village Development Committees under Section 49 of the Bombay Village Panchayat Act, 1958, and the prohibition against removal of members before term expiry under Section 49(8) render the impugned Government Resolution invalid.

Case Note & Summary

The judgment of the Bombay High Court, Nagpur Bench, delivered on 24 August 2010, dealt with a batch of eight writ petitions that challenged a Government Resolution dated 12 August 2009. The resolution, issued by the State of Maharashtra's Department of Water Supply and Sanitation, mandated that Village Development Committees constituted under Section 49 of the Bombay Village Panchayat Act, 1958, must compulsorily have the Sarpanch of the Gram Panchayat as ex‑officio President and the Gram Sevak as ex‑officio Secretary. The petitioners in all the cases were the existing Presidents and Secretaries of such Village Development Committees, who had been appointed by their respective Gram Sabhas. They had been served with orders by the Zilla Parishads requiring them to hand over charge to the Sarpanch and Gram Sevak as per the impugned resolution, effectively removing them before the completion of their terms. The principal legal question before the court was whether the Government Resolution was violative of Section 49 of the Act and the constitutional scheme empowering Gram Sabhas. The petitioners contended that the power to constitute these committees, including the selection of their office‑bearers, was exclusively vested in the Gram Sabha under Section 49. They argued that the Government had no authority to dictate the composition of the committees by appointing ex‑officio members, and that the resolution resulted in an illegal removal of the existing President and Secretary contrary to the statutory prohibition under Section 49(8). The respondents, representing the State and the Zilla Parishad, submitted that while Section 49 conferred power on the Gram Sabha, the Government was not precluded from issuing such a directive. The court examined the provisions of Article 243‑A of the Constitution, which enables the State Legislature to confer powers and functions on Gram Sabhas by law. The Bombay Village Panchayat Act, 1958, was identified as such a law. Section 49(1) of the Act empowers the Gram Sabha, in consultation with the panchayat, to constitute Village Development Committees from a wide range of persons including panchayat members, community representatives, and functionaries. The provision gives the Gram Sabha a broad discretion in choosing members and does not restrict it to elected representatives. Furthermore, Section 49(3) allows the Gram Sabha to determine the duties and functions of the committees and to regulate their procedure, while Section 49(8) expressly prohibits the removal of committee members before the expiry of their term. The court held that the legislative intent was clearly to vest the Gram Sabha with the exclusive authority to constitute committees and to decide their composition. By mandating that the Sarpanch and Gram Sevak serve as ex‑officio office‑bearers, the Government Resolution encroached upon this exclusive domain and altered the constitution of the committees without any statutory basis. The court found that the impugned action directly resulted in the removal of the petitioners, who had been validly appointed, and thus violated Section 49(8). Accordingly, the High Court quashed the Government Resolution dated 12 August 2009 and set aside the consequential orders issued by the Zilla Parishads. The petitioners were allowed to continue as Presidents and Secretaries of their respective Village Development Committees as originally constituted by the Gram Sabhas. The writ petitions were allowed, and the rule was made absolute in terms of the final relief.

Headnote

Issue of Consideration

Final Decision

The High Court allowed the writ petitions, quashed the Government Resolution dated 12.08.2009, set aside the consequential orders, and directed that the petitioners continue as Presidents and Secretaries of the respective Village Development Committees as constituted by the Gram Sabhas.

Law Points