Case Note & Summary
The judgment concerns two writ petitions filed by members of the Gram Panchayat of village Krishna, challenging an order dated 23rd April 2010 passed by the Additional Commissioner, Amravati Division, in Appeal No.28/B.V.P.Act 35(3)(c)/2009. The petitioners were disqualified under Section 35(3)(c) of the Maharashtra Village Panchayats Act, 1959. The dispute arose from a complaint by respondent nos.1 and 2, who were original appellants before the Commissioner. The Collector had conducted an inquiry and submitted a report, but the Additional Commissioner passed the disqualification order without affording any opportunity of hearing to the petitioners. The petitioners argued that the order was passed in gross violation of principles of natural justice. The court noted that the Additional Commissioner had not given any hearing to the petitioners before passing the order. The court held that the order was unsustainable and set it aside, remanding the matter back to the Additional Commissioner for fresh consideration after giving an opportunity of hearing to all concerned parties. The court directed that the matter be decided expeditiously, preferably within three months from the date of communication of the order.
Headnote
A) Constitutional Law - Natural Justice - Right to Hearing - Maharashtra Village Panchayats Act, 1959, Section 35(3)(c) - Disqualification of elected members of Gram Panchayat - The Additional Commissioner passed an order disqualifying the petitioners without giving them an opportunity of hearing, violating principles of natural justice - Held that the order is unsustainable and set aside (Paras 1-5). B) Local Self-Government - Disqualification of Members - Inquiry by Collector - Maharashtra Village Panchayats Act, 1959, Section 35(3)(c) - The Collector conducted an inquiry and submitted a report, but the Additional Commissioner passed the disqualification order without hearing the affected members - Held that the order is vitiated for non-compliance with natural justice (Paras 2-5).
Issue of Consideration
Whether the order of disqualification passed by the Additional Commissioner under Section 35(3)(c) of the Maharashtra Village Panchayats Act, 1959, without affording an opportunity of hearing to the petitioners, is sustainable in law.
Final Decision
The court allowed both writ petitions, set aside the order dated 23rd April 2010 passed by the Additional Commissioner, and remanded the matter back to the Additional Commissioner for fresh consideration after giving an opportunity of hearing to all concerned parties. The court directed that the matter be decided expeditiously, preferably within three months from the date of communication of the order.
Law Points
- Natural justice
- Right to hearing
- Disqualification of elected members
- Maharashtra Village Panchayats Act
- 1959
- Section 35(3)(c)
- Inquiry by Collector
- Appellate jurisdiction of Commissioner
