Case Note & Summary
The petitioner, a Councillor of Zilla Parishad, Amravati, challenged a notice dated 17/2/2011 issued by the President of Zilla Parishad convening a special meeting on 28/2/2011 to consider 'change in the Subject Committees currently with the Chairmen of the Subject Committees'. The petitioner contended that the notice was vague and did not specify the actual business to be transacted, and that the proposed change effectively sought to remove the Chairmen of Subject Committees without following the procedure under the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The respondents argued that the notice was valid and that the President had the power to convene such a meeting. The High Court examined the provisions of Section 65 of the Act and the relevant Rules, and held that the notice was insufficient as it did not clearly specify the subject matter. The Court observed that the change in Subject Committees could only be effected by a no-confidence motion against the Chairmen, which required compliance with specific procedures. The Court quashed the notice and directed that any fresh notice must comply with the statutory requirements. The petition was allowed with no order as to costs.
Headnote
A) Local Self-Government - Zilla Parishad - Subject Committees - Change of Chairmen - Section 65 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The notice for special meeting to consider change in Subject Committees was held invalid as it did not specify the subject with sufficient clarity and did not comply with the procedure for removal of Chairmen of Subject Committees - Held that the notice was vague and did not disclose the purpose of the meeting, and the removal of Chairmen must be in accordance with the Act and Rules (Paras 2-10). B) Local Self-Government - Zilla Parishad - Notice of Meeting - Sufficiency of Subject - Section 65 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The subject mentioned in the notice as 'change in the Subject Committees currently with the Chairmen of the Subject Committees' was held to be insufficient and vague - Held that the notice must clearly specify the business to be transacted to enable the members to prepare for the meeting (Paras 5-8). C) Local Self-Government - Zilla Parishad - Removal of Chairman of Subject Committee - Procedure - Section 65 and Rules - The removal of a Chairman of a Subject Committee must be by a no-confidence motion passed by a majority of the total number of Councillors and in accordance with the prescribed procedure - Held that the impugned notice did not comply with the statutory requirements and was therefore liable to be quashed (Paras 9-10).
Issue of Consideration
Whether the notice of special meeting dated 17/2/2011 issued by the President of Zilla Parishad, Amravati for change in Subject Committees is valid and in compliance with the provisions of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and the Rules framed thereunder.
Final Decision
The petition is allowed. The impugned notice dated 17/2/2011 is quashed and set aside. The respondents are directed to act in accordance with law. No order as to costs.
Law Points
- Interpretation of Section 65 of Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
- Notice of meeting must specify subject with sufficient clarity
- Removal of Chairman of Subject Committee requires compliance with statutory procedure
- No-confidence motion against Chairman must be in accordance with prescribed rules
