Case Note & Summary
The petitioners, three elected members of Gram Panchayat Morane, challenged the order dated 15th October 2010 passed by the Divisional Commissioner, Nashik Division, directing dissolution of the Gram Panchayat under Section 145 of the Bombay Village Panchayats Act, 1958. The petitioners were elected in 2007, and petitioner no.1 was the Sarpanch elected against a post reserved for O.B.C. (woman). A no-confidence motion was moved against her by 12 members, which failed on 7th July 2009. Immediately thereafter, 11 members tendered their resignations, leaving only the three petitioners and one other member. The Chief Executive Officer submitted a report dated 26th November 2009, and based on that, the Divisional Commissioner passed the dissolution order. The petitioners contended that no show cause notice or opportunity of hearing was given to them before passing the order, violating principles of natural justice and the mandatory requirements of Section 145(1) of the Act. The respondents argued that the order was justified as the Gram Panchayat had lost quorum due to resignations. The court examined Section 145(1) and found that it explicitly requires the Divisional Commissioner to issue a show cause notice and give an opportunity of hearing to the members before ordering dissolution. Since this was not done, the order was illegal and unsustainable. The court allowed the petition, quashed the dissolution order, and directed the respondents to proceed in accordance with law, if so advised. The status quo order was vacated.
Headnote
A) Constitutional Law - Writ Jurisdiction - Articles 226 and 227 of the Constitution of India - Petitioners challenged dissolution order passed by Divisional Commissioner under Section 145 of Bombay Village Panchayats Act, 1958 - Court held that failure to issue show cause notice and grant hearing vitiates the order - Petition allowed and dissolution order quashed (Paras 1-6). B) Local Self-Government - Dissolution of Gram Panchayat - Section 145 of Bombay Village Panchayats Act, 1958 - Requirement of show cause notice and opportunity of hearing - Court held that Section 145(1) mandates a show cause notice and opportunity of hearing before dissolution - Non-compliance renders order illegal - Order quashed (Paras 5-6).
Issue of Consideration
Whether the order of dissolution of Gram Panchayat under Section 145 of the Bombay Village Panchayats Act, 1958 is valid when no show cause notice or opportunity of hearing was given to the petitioners.
Final Decision
Petition allowed. Impugned order dated 15th October 2010 passed by respondent no.2 is quashed and set aside. Respondents are at liberty to proceed in accordance with law, if so advised. Status quo order vacated.
Law Points
- Natural justice
- Show cause notice
- Opportunity of hearing
- Section 145 Bombay Village Panchayats Act
- 1958
- Dissolution of Gram Panchayat
- Resignation of members
- Quorum
