Case Note & Summary
The petitioner, Salimbi Mubarak Tamboli, was elected as Sarpanch of Grampanchayat Savargaon (Dere) in 2015, unopposed as the only OBC candidate. The Upasarpanch lodged a complaint with the District Collector alleging that the petitioner failed to convene monthly meetings for August and November 2017. The District Collector passed an order on 20.8.2018 disqualifying the petitioner. The petitioner contended that the Gramsevak (Village Development Officer) was absent and negligent, and that the responsibility to call meetings lies with the Secretary under the Bombay Village Panchayat (Meeting) Rules, 1959. The court examined Section 36 of the Maharashtra Village Panchayat Act and Rules 4, 5, and 6 of the Meeting Rules. It held that the Secretary is duty-bound to call the meetings, and the Sarpanch cannot be penalized for the Secretary's failure. The court quashed the disqualification order and allowed the petition.
Headnote
A) Panchayat Law - Disqualification of Sarpanch - Failure to Convene Monthly Meetings - Section 36 Maharashtra Village Panchayat Act, 1959 read with Rules 4, 5 and 6 of Bombay Village Panchayat (Meeting) Rules, 1959 - The issue was whether the Sarpanch is responsible for convening monthly meetings or the Village Development Officer (Secretary). The court held that under the Meeting Rules, the Secretary is duty-bound to call the meetings, and the Sarpanch cannot be disqualified for the Secretary's failure. The disqualification order was quashed. (Paras 3-8)
Issue of Consideration
Whether the mandate of holding a monthly meeting of the village panchayat is cast on the Sarpanch under section 36 of the Maharashtra Village Panchayat Act or the responsibility is cast upon the Village Development Officer under Rules 4, 5 and 6 of the Bombay Village Panchayat (Meeting) Rules, 1959
Final Decision
The impugned order dated 20.8.2018 passed by the District Collector disqualifying the petitioner is quashed and set aside. The writ petition is allowed. Rule made absolute.
Law Points
- Responsibility to convene monthly meetings of Grampanchayat lies with Village Development Officer under Rules 4
- 5 and 6 of Bombay Village Panchayat (Meeting) Rules
- 1959
- not with Sarpanch under Section 36 of Maharashtra Village Panchayat Act
Case Details
2019 LawText (BOM) (03) 182
WRIT PETITION NO.10956 OF 2018
Mr.D.A. Mane for petitioner; Mr.S.R. Yadav, AGP for Respondents No.1 and 2; Mr. S.D. Kaldate for respondent No.3; Mr. V.S. Undre for respondent No.4
The State of Maharashtra through Secretary, Gram Vikas Department, Mumbai; The Collector, Osmanabad; The Chief Executive Officer, Zilla Parishad, Osmanabad; Sanjay Janardhan Borade
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Nature of Litigation
Writ petition challenging disqualification of Sarpanch
Remedy Sought
Quashing of disqualification order dated 20.8.2018 passed by District Collector
Filing Reason
Petitioner was disqualified as Sarpanch for alleged failure to convene monthly meetings of Grampanchayat in August and November 2017
Previous Decisions
District Collector passed order dated 20.8.2018 disqualifying petitioner
Issues
Whether the Sarpanch is responsible for convening monthly meetings under Section 36 of the Maharashtra Village Panchayat Act or the Village Development Officer under Rules 4, 5 and 6 of the Bombay Village Panchayat (Meeting) Rules, 1959
Submissions/Arguments
Petitioner argued that Gramsevak was absent and negligent, and that the Secretary is duty-bound to call meetings under the Meeting Rules
Respondents argued that the Sarpanch failed to convene meetings and thus was rightly disqualified
Ratio Decidendi
Under Rules 4, 5 and 6 of the Bombay Village Panchayat (Meeting) Rules, 1959, the duty to call monthly meetings of the Grampanchayat is cast upon the Village Development Officer (Secretary), not upon the Sarpanch. Therefore, the Sarpanch cannot be disqualified for failure to convene meetings when the Secretary fails to do so.
Judgment Excerpts
The issue raised in this petition by the disqualified Sarpanch is, as to whether the mandate of holding a monthly meeting of the village panchayat is cast on the Sarpanch under section 36 of the Maharashtra Village Panchayat Act or the responsibility is cast upon the Village Development Officer, who is commonly known as the Secretary under Rules 4, 5 and 6 of the Bombay Village Panchayat (Meeting) Rules, 1959.
Procedural History
The petitioner was elected Sarpanch in 2015. The Upasarpanch complained to the District Collector about non-convening of meetings in August and November 2017. The District Collector passed an order on 20.8.2018 disqualifying the petitioner. The petitioner filed the present writ petition challenging that order.
Acts & Sections
- Maharashtra Village Panchayat Act, 1959: Section 36
- Bombay Village Panchayat (Meeting) Rules, 1959: Rules 4, 5, 6
