Case Note & Summary
The petitioner, Sunil Daulat Patil, was the Sarpanch of Gram Panchayat Tambole, Taluka Chalisgaon, District Jalgaon. Respondent No. 5, Digambar Bhagwan Kumawat, filed a complaint against the petitioner alleging certain irregularities. The Additional Collector, Jalgaon, passed an order dated 28.02.2013 removing the petitioner from the post of Sarpanch under Section 39 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The petitioner challenged this order by way of a writ petition before the Bombay High Court, Aurangabad Bench, primarily on the ground that the order was passed ex-parte without giving him any notice or opportunity of hearing, thereby violating the principles of natural justice. The court noted that the order itself did not record any compliance with the requirement of giving an opportunity of hearing. The Additional Collector had not issued any notice to the petitioner before passing the removal order. The court held that the order was unsustainable in law as it was passed in gross violation of the principles of natural justice. The court set aside the order and remitted the matter back to the Additional Collector to decide the complaint afresh after giving an opportunity of hearing to the petitioner. The writ petition was allowed. Rule was made absolute accordingly.
Headnote
A) Administrative Law - Natural Justice - Audi Alteram Partem - Removal of Sarpanch - Section 39 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The petitioner was removed from the post of Sarpanch by an ex-parte order without any notice or opportunity of hearing - The court held that the order was passed in gross violation of principles of natural justice and set it aside - The matter was remitted back to the Additional Collector to decide afresh after giving an opportunity of hearing to the petitioner (Paras 1-5).
Issue of Consideration
Whether the order of removal of the petitioner from the post of Sarpanch passed by the Additional Collector without giving an opportunity of hearing is sustainable in law.
Final Decision
The writ petition is allowed. The impugned order dated 28.02.2013 passed by the Additional Collector, Jalgaon, is quashed and set aside. The matter is remitted back to the Additional Collector to decide the complaint afresh after giving an opportunity of hearing to the petitioner. Rule is made absolute accordingly.
Law Points
- Natural Justice
- Audi Alteram Partem
- Opportunity of Hearing
- Removal of Sarpanch
- Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
- Section 39
Case Details
2013 LawText (BOM) (12) 41
Writ Petition No. 3419 of 2013
Shri S.P. Brhame for Petitioner, Shri S.D. Kaldate, AGP for Respondent Nos. 1 to 3, Shri P.B. Patil for Respondent No. 5
State of Maharashtra, Divisional Commissioner, Additional Collector, Zilla Parishad (deleted), Digambar Bhagwan Kumawat
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging the order of removal of Sarpanch passed by the Additional Collector under Section 39 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961.
Remedy Sought
Petitioner sought quashing of the order dated 28.02.2013 removing him from the post of Sarpanch and restoration to the post.
Filing Reason
The order of removal was passed ex-parte without giving any notice or opportunity of hearing to the petitioner, violating principles of natural justice.
Previous Decisions
The Additional Collector, Jalgaon, passed the removal order on 28.02.2013.
Issues
Whether the order of removal of the petitioner from the post of Sarpanch passed by the Additional Collector without giving an opportunity of hearing is sustainable in law.
Submissions/Arguments
Petitioner argued that the order was passed ex-parte without any notice or opportunity of hearing, violating principles of natural justice.
Respondents argued that the order was passed after due inquiry and in accordance with law.
Ratio Decidendi
An order of removal passed without giving any opportunity of hearing is in gross violation of the principles of natural justice and cannot be sustained. The authority must comply with the requirement of giving a hearing before passing any adverse order.
Judgment Excerpts
The order passed by the Additional Collector, Jalgaon, is ex-parte and no opportunity of hearing was given to the petitioner before passing the said order.
The order passed by the Additional Collector is in gross violation of the principles of natural justice and the same cannot be sustained.
The impugned order is quashed and set aside and the matter is remitted back to the Additional Collector to decide the complaint afresh after giving an opportunity of hearing to the petitioner.
Procedural History
The petitioner filed a writ petition before the Bombay High Court, Aurangabad Bench, challenging the order of removal dated 28.02.2013 passed by the Additional Collector, Jalgaon. The court heard the matter and reserved judgment on 28.11.2013, pronouncing it on 04.12.2013.
Acts & Sections
- Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961: Section 39
