Case Note & Summary
The petitioners, five members of Gram Panchayat Bhosa, challenged an order of the Additional Commissioner, Amravati Division, which set aside the Additional Collector's order upholding a no-confidence motion against respondent no.5, the Sarpanch. The petitioners had moved a requisition for a special meeting on 30/1/2011 to consider a no-confidence motion against the Sarpanch. The meeting was held on that date, and the motion was passed by a majority of 5:2. The Sarpanch challenged the motion before the Additional Collector under Section 35(3B) of the Bombay Village Panchayats Act, 1958, claiming that notice of the meeting was not served upon him. The Additional Collector rejected his application, holding that the meeting was held in terms of the rules. The Sarpanch appealed to the Additional Commissioner, who allowed the appeal and set aside the Additional Collector's order, primarily on the ground that notice was not served on the Sarpanch. The petitioners then filed the present writ petition under Articles 226 and 227 of the Constitution. The High Court examined the provisions of Section 35(3A), (3B), and (3C) of the Act. It noted that Section 35(3B) requires the Secretary to issue notice of the meeting to every member, but does not specify the consequence of non-service. The court held that the requirement of notice is directory, not mandatory, and that the motion was validly passed as the meeting was held in accordance with rules and the motion was carried by a majority. The court also observed that the Sarpanch had not raised the issue of non-service before the Additional Collector in his application, but only in the memo of appeal. The court concluded that the Additional Commissioner erred in setting aside the Additional Collector's order. Accordingly, the writ petition was allowed, the order of the Additional Commissioner was quashed and set aside, and the order of the Additional Collector was restored.
Headnote
A) Gram Panchayat - No-Confidence Motion - Notice Service - Section 35(3B) of Bombay Village Panchayats Act, 1958 - The court considered whether non-service of notice of a special meeting to the Sarpanch invalidates a no-confidence motion passed by a majority of members. The court held that the requirement of notice under Section 35(3B) is directory and not mandatory, and that the motion was validly passed as the meeting was held in accordance with rules and the motion was carried by a majority. (Paras 1-6)
Issue of Consideration
Whether the no-confidence motion passed against the Sarpanch is invalid due to non-service of notice of the special meeting upon the Sarpanch.
Final Decision
The writ petition is allowed. The order dated 5/4/2011 passed by the Additional Commissioner, Amravati Division is quashed and set aside. The order dated 17/2/2011 passed by the Additional Collector, Yavatmal is restored. Rule is made absolute accordingly. No order as to costs.
Law Points
- No-confidence motion
- Sarpanch
- Gram Panchayat
- Notice service
- Bombay Village Panchayats Act
- 1958
- Section 35(3B)
- Section 35(3A)
- Section 35(3C)
- Articles 226 and 227 of Constitution of India
