Case Note & Summary
The petitioners, who were elected members of committees formed under the Integrated Watershed Management Programme (IWMP) and had registered a cooperative society, challenged a Government Resolution dated 27.09.2012 that reconstituted the committees. They argued that the resolution took away their rights without giving any reasons. The State Government opposed the petition, contending that it was a matter of policy and interference was not warranted. The Bombay High Court, Nagpur Bench, dismissed the petition, holding that no one has a vested right to continue in committees formed under a Government Resolution, which is not a statute. The court further held that it is not necessary to give reasons for changing policy, and in any case, the impugned resolution did provide reasons. The court found no merit in the petition and dismissed it.
Headnote
A) Administrative Law - Vested Rights - No Vested Right in Committee Membership - No statute - Petitioners challenged Government Resolution reconstituting committees under Integrated Watershed Management Programme - Court held that nobody can have a vested right to continue in committees formed under a Government Resolution, which is not a statute - Held that the policy change does not require reasons and the resolution itself provided reasons (Paras 5-6).
Issue of Consideration
Whether the petitioners have a vested right to continue in the committees formed under the Integrated Watershed Management Programme and whether the Government Resolution reconstituting the committees is unsustainable for lack of reasons.
Final Decision
The petition is dismissed. Rule is discharged. No order as to costs.
Law Points
- No vested right to continue in committees formed under Government Resolution
- Policy change does not require reasons
- Government Resolution not a statute
Case Details
2012 LawText (BOM) (10) 166
Writ Petition No. 5057 of 2012
B.R. Gavai, Sunil P. Deshmukh
Shri Anand Parchure (for petitioners), Shri N.W. Sambre, GP & Mrs. B.H. Dangre, Additional GP (for respondents)
Mallesham Anjaiyya Yerola, Onkar Mangru Sharnagat, Mahaprakash Chibansao Bijewar, Dilipsingh Mahadeosingh Bais
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Nature of Litigation
Writ petition challenging a Government Resolution reconstituting committees under the Integrated Watershed Management Programme.
Remedy Sought
Petitioners sought to quash the Government Resolution dated 27.09.2012 and to continue as members of the committees.
Filing Reason
Petitioners claimed that the Government Resolution took away their rights without giving reasons.
Issues
Whether the petitioners have a vested right to continue in the committees formed under the Integrated Watershed Management Programme.
Whether the Government Resolution reconstituting the committees is unsustainable for lack of reasons.
Submissions/Arguments
Petitioners argued that they were already elected and had registered a cooperative society, and the impugned resolution took away their rights without reasons.
Respondents argued that it is a matter of policy and interference is not warranted.
Ratio Decidendi
Nobody can have a vested right to continue in committees formed under a Government Resolution, which is not a statute. It is not necessary to give reasons for changing policy, and in any case, the impugned resolution provided reasons.
Judgment Excerpts
We find that nobody can have a vested right to continue in the Committees which are formed under the Government Resolution issued by the State Government.
Firstly it is not necessary to give any reason in the Government Resolution as to why the policy is changed.
Procedural History
The petitioners filed a writ petition challenging the Government Resolution dated 27.09.2012. The court heard the parties and delivered judgment on 19.10.2012.
