Case Note & Summary
The writ petition was filed by three members of Grampanchayat Gondi (Ozre), challenging the order of the Divisional Commissioner, Pune, which allowed an appeal of respondent no.4, a former Sarpanch, and set aside the Collector's order that had accepted his resignation as valid. The Sarpanch was elected on 22 August 2015. On 2 April 2018, he tendered his resignation to the Chairman of the Panchayat Samiti. On 5 April 2018, the Chairman directed the Gramsevak to take steps. A meeting was fixed for 18 April 2018 and a notice was issued on 12 April 2018, signed by the Gramsevak and the Sarpanch. The meeting was held, and a resolution was passed accepting the resignation. The Sarpanch stated he resigned of his own free will. On 25 April 2018, the Sarpanch wrote to the Additional Collector, disputing his resignation, claiming it was given under political pressure and had no desire to resign. The Collector, after adding other members as parties, dismissed the dispute on 12 June 2018 under Section 29(3) of the Village Panchayat Act, 1959, finding the resignation proper and genuine. The Sarpanch then appealed to the Divisional Commissioner, who, by order dated 7 December 2018, allowed the appeal, observing that the dispute was raised within 7 days and that the signatures of witnesses on the resignation were not their signatures. The petitioners, in their writ petition before the High Court, argued that the Commissioner erred, as the onus was on the Sarpanch to prove involuntariness, which he failed to discharge, and that the 23-day delay in disputing the resignation was unexplained. They also contended that more than half of the grampanchayat members were against the Sarpanch. Respondent no.4 argued that he tendered the resignation under political pressure, that two members denied signing the resignation, and that the Commissioner's order was correct. The High Court examined the documents and noted the Sarpanch's letter to the Collector, which stated the resignation was given under pressure. The judgment text is incomplete, and no final decision or ratio decidendi is recorded.
Headnote
A) Village Panchayat Act, 1959 - Resignation of Sarpanch - Voluntariness and Onus of Proof - The Bombay Village Panchayat Act, 1959, Section 29(3) - The Sarpanch tendered resignation and a grampanchayat meeting accepted it. He later challenged the resignation as given under political pressure. The Divisional Commissioner overturned the Collector's order upholding the resignation, leading to the writ petition. The High Court considered whether the onus was on the Sarpanch to prove involuntariness and whether the delay of 23 days in raising the dispute was explained. (Paras 4-9)
Issue of Consideration
Whether the Divisional Commissioner was justified in setting aside the Collector's order accepting the resignation of the Sarpanch under Section 29(3) of the Village Panchayat Act, 1959; whether the resignation was voluntary or under political pressure; whether the onus of proof was discharged; whether the delay of 23 days in disputing the resignation was explained.
Final Decision
Decision not clearly stated
Law Points
- Legal points not extracted
- Voluntariness of resignation under Section 29(3) of the Village Panchayat Act
- 1959
- onus of proof on person challenging resignation
- effect of delay in disputing resignation
- validity of acceptance of resignation by grampanchayat
