Case Note & Summary
The petitioners, who were members of Gram Panchayat Sukli, challenged the election of respondent no.6 as Up-Sarpanch. The election was held on 23.05.2018, and respondent no.6 was declared elected unopposed. The petitioners contended that no prior notice of the meeting was given, and therefore the election was invalid. The Collector, Akola, set aside the election. However, the Divisional Commissioner, Amravati, allowed the appeal filed by respondent no.6 and upheld the election. The petitioners then filed a writ petition before the Bombay High Court. The court examined the facts and found that all members of the Gram Panchayat were present and participated in the meeting. The court noted that the purpose of notice is to ensure that members have an opportunity to attend, and if all members are present, the absence of notice does not affect the validity of the election. The court also observed that the petitioners had not raised any objection at the time of the meeting. The court dismissed the writ petition, upholding the order of the Divisional Commissioner.
Headnote
A) Panchayat Law - Election of Up-Sarpanch - Validity of Election - Absence of Notice - Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The petitioners challenged the election of respondent no.6 as Up-Sarpanch on the ground that no prior notice of the meeting was given. The Collector had set aside the election, but the Divisional Commissioner allowed the appeal and upheld the election. The High Court held that when all members of the Gram Panchayat were present and participated in the election, the absence of prior notice does not vitiate the election. The court emphasized that the purpose of notice is to ensure participation, and if all members are present, the requirement is satisfied. The writ petition was dismissed. (Paras 1-10)
Issue of Consideration
Whether the election of Up-Sarpanch can be set aside on the ground that no prior notice of the meeting was given, when all members of the Gram Panchayat were present and participated in the election process.
Final Decision
The writ petition is dismissed. The order of the Divisional Commissioner upholding the election of respondent no.6 as Up-Sarpanch is confirmed.
Law Points
- Election of Up-Sarpanch
- Gram Panchayat
- Maharashtra Zilla Parishads and Panchayat Samitis Act
- absence of notice
- participation of members
- validity of election
- appellate authority's jurisdiction
