Case Note & Summary
The dispute arose from a no-confidence motion passed on 25th January 2005 against the Sarpanch and Deputy Sarpanch of Usgao-Ganjem Village Panchayat. The petitioners, members of the Panchayat, challenged an order dated 28th January 2005 passed by the Additional Director of Panchayats-II in Panchayat Petition No. 5/2005. That order directed the respondents to maintain status quo regarding the resolution dated 25.01.2005, which had carried the no-confidence motion. The Director of Panchayats had already fixed the election for the posts of Sarpanch and Deputy Sarpanch for 9th February 2005, and the impugned status quo order effectively stayed that election. The petitioners argued that the order was patently without jurisdiction and sought its quashing. The Government Advocate conceded that the order could not be supported, while the first respondent contended that the order was a valid interim measure and that the writ petition was not maintainable against an interim order. The High Court, after hearing the parties, held that the Additional Director had no jurisdiction to pass a status quo order in an election petition when the election had already been scheduled by the Director of Panchayats. The Court found the order patently without jurisdiction and, although it was an interim order, interference was warranted. Consequently, the petition was allowed, the impugned order was quashed, and the election scheduled for 9th February 2005 was directed to proceed, but subject to the outcome of Panchayat Petition No. 5/2005. The Additional Director was directed to dispose of that petition within four weeks.
Headnote
A) Administrative Law - Jurisdiction - Interim Orders Staying Elections - Goa Panchayat Raj Act, 1994 - The Additional Director of Panchayats passed a status quo order in an election petition that effectively stayed the election of Sarpanch and Deputy Sarpanch which had been scheduled by the Director of Panchayats. The High Court held that the Additional Director had no jurisdiction to pass such order and it was patently without jurisdiction. Held, interim order cannot override statutory election schedule. (Paras 5-6) B) Writ Jurisdiction - Maintainability - Interim Orders - Patently Without Jurisdiction - Constitution of India, Article 226 - The writ petition was filed against an interim status quo order. The Court held that when an interim order is patently without jurisdiction and effectively stays an election, interference under writ jurisdiction is justified. Held, petition maintainable. (Para 5)
Issue of Consideration
Whether the Additional Director of Panchayats had jurisdiction to pass an interim status quo order staying the election of Sarpanch and Deputy Sarpanch?
Final Decision
Petition allowed. The impugned order dated 28.01.2005 passed by respondent no.3 is quashed and set aside. The election of Sarpanch and Deputy Sarpanch scheduled on 09.02.2005 to proceed, but subject to the result of Panchayat Petition No. 5/2005. Respondent no.3 directed to dispose of the Election Petition No. 5/2005 within four weeks. Parties to appear before respondent no.3 on 07.02.2005 at 3 p.m.
Law Points
- Legal points not extracted
- interim order without jurisdiction
- writ jurisdiction maintainable against interim order
- election stay requires jurisdiction
- status quo order by Additional Director without authority is void
