Case Note & Summary
The petitioners, who were the elected Sarpanch, Upsarpanch and members of Gram Panchayat Kolhigolhar, were removed from office by an order dated 22-03-2017 passed by the Divisional Commissioner (respondent no.2) based on a complaint by respondent nos. 6 and 7. The removal was confirmed by the State of Maharashtra (respondent no.1) in appeal on 17-01-2018. The petitioners challenged both orders in a writ petition before the Bombay High Court. The court examined the show cause notice issued to the petitioners and found that it did not specify any charges or allegations against them, merely stating that a complaint had been received and that they should show cause why they should not be removed. The inquiry conducted by the Block Development Officer was also found to be procedurally flawed as the petitioners were not given a proper opportunity to cross-examine witnesses or present their defense. The court held that the principles of natural justice were violated at both the initial stage and the appellate stage. The court quashed the removal order and the appellate order, and directed that the petitioners be reinstated to their respective offices. The court also directed that if the respondents wished to proceed further, they must issue a fresh show cause notice specifying the charges and conduct a proper inquiry in accordance with law.
Headnote
A) Constitutional Law - Natural Justice - Show Cause Notice - Section 39 Maharashtra Village Panchayats Act, 1959 - The court held that a show cause notice must specify the charges against the elected members to enable them to submit an effective reply. The notice in this case was vague and did not disclose the allegations, violating principles of natural justice. (Paras 6-8) B) Panchayati Raj - Removal of Elected Members - Inquiry - Section 39 Maharashtra Village Panchayats Act, 1959 - The court held that the inquiry conducted by the Block Development Officer was flawed as the petitioners were not given a proper opportunity to cross-examine witnesses or present their case. The removal order was based on a report that did not comply with natural justice. (Paras 9-10) C) Panchayati Raj - Removal of Sarpanch - Appellate Order - Section 39 Maharashtra Village Panchayats Act, 1959 - The appellate authority failed to consider the procedural irregularities and merely affirmed the removal order without addressing the violation of natural justice. The court set aside both the removal and appellate orders. (Paras 11-12)
Issue of Consideration
Whether the removal of the petitioners from the offices of Sarpanch, Upsarpanch and members of Gram Panchayat was valid when the show cause notice did not specify the charges and the inquiry was conducted without proper opportunity of hearing.
Final Decision
The court allowed the writ petition, quashed the removal order dated 22-03-2017 and the appellate order dated 17-01-2018, and directed that the petitioners be reinstated to their respective offices. The court further directed that if the respondents wish to proceed, they must issue a fresh show cause notice specifying the charges and conduct a proper inquiry in accordance with law.
Law Points
- Natural justice
- show cause notice must specify charges
- opportunity of hearing
- Section 39 Maharashtra Village Panchayats Act 1959
- removal of elected members
- procedural fairness
