Case Note & Summary
The petitioners, three elected members of Gram Panchayat Jawala-Shahapur, challenged the order dated 18.06.2025 passed by the Divisional Commissioner, Amravati, dissolving the Gram Panchayat under Section 145(1-A) of the Maharashtra Village Panchayats Act, 1958. The Gram Panchayat had nine members elected for a tenure from 16.02.2021 to 15.02.2026. Six members resigned, leaving the three petitioners as the remaining members. The petitioners contended that they were smoothly conducting the affairs of the Gram Panchayat as Sarpanch, Upa-Sarpanch, and Member, and that the dissolution was unwarranted. They relied on the Division Bench judgment in Kavita Sakharam Chavan v. Commissioner, Konkan Division, which held that Section 145(1-A) is directory in nature. The court agreed, noting that the provision does not mandate automatic dissolution and that the Commissioner has discretion to allow the remaining members to continue. The court found that the impugned order was mechanical and set it aside, allowing the petition. The court directed that the Gram Panchayat shall continue to function with the remaining members.
Headnote
A) Local Self-Government - Dissolution of Gram Panchayat - Section 145(1-A) Maharashtra Village Panchayats Act, 1958 - Directory Nature - The provision is held to be directory, not mandatory, and the Commissioner has discretion to continue the Gram Panchayat if remaining members can function effectively - Held that automatic dissolution is not warranted (Paras 2-5).
B) Local Self-Government - Resignation of Members - Effect on Gram Panchayat - Section 145(1-A) Maharashtra Village Panchayats Act, 1958 - Functioning of Remaining Members - Where three out of nine members continue to hold office and conduct affairs, dissolution is not justified - Held that the impugned order is set aside (Paras 3-5).
Issue of Consideration
Whether Section 145(1-A) of the Maharashtra Village Panchayats Act, 1958 is mandatory or directory, and whether the Divisional Commissioner is bound to dissolve the Gram Panchayat upon resignation of more than 50% of its members.
Final Decision
The petition is allowed. The impugned order dated 18.06.2025 passed by the Divisional Commissioner, Amravati Division, Amravati is quashed and set aside. The Gram Panchayat Jawala-Shahapur shall continue to function with the remaining members. Rule is made absolute accordingly.
Law Points
- Section 145(1-A) of Maharashtra Village Panchayats Act
- 1958 is directory
- not mandatory
- dissolution not automatic upon resignation of more than 50% members
- remaining members can continue to function
- Division Bench ruling in Kavita Sakharam Chavan v. Commissioner
- Konkan Division followed.
Case Details
Writ Petition No. 3116 of 2025
Shri N.A. Gawande for petitioners; Shri N.S. Autkar, Assistant Government Pleader for respondent no.1; Shri B.N. Jaipurkar for respondent no.2; Shri S.S. Shingane for respondent nos.4 to 9
Sarita Rajesh Pathre, Keshav Bhaurao Vidhale, Karuna Vilas Ingle
Divisional Commissioner, Amravati Division; Chief Executive Officer, Zilla Parishad, Amravati; Secretary, Village Panchayat Jawala-Shahapur; Sheshrao Yadavrao Ingole; Nandkishore Digambarrao Thakre; Akshay Sunil Pathre; Shardatai Damodhar Vidhale; Vandana Raosaheb Choudhari; Archana Sahdeorao Wankhade
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Nature of Litigation
Writ petition challenging dissolution of Gram Panchayat under Section 145(1-A) of the Maharashtra Village Panchayats Act, 1958.
Remedy Sought
Petitioners sought quashing of the order dated 18.06.2025 dissolving the Gram Panchayat and continuation of the Gram Panchayat with the remaining members.
Filing Reason
The Divisional Commissioner dissolved the Gram Panchayat on the ground that more than 50% of members had resigned, despite the remaining members being able to function.
Previous Decisions
The Division Bench of the Bombay High Court in Kavita Sakharam Chavan v. Commissioner, Konkan Division held that Section 145(1-A) is directory.
Issues
Whether Section 145(1-A) of the Maharashtra Village Panchayats Act, 1958 is mandatory or directory.
Whether the Divisional Commissioner was justified in dissolving the Gram Panchayat when the remaining three members could effectively conduct its affairs.
Submissions/Arguments
Petitioners argued that Section 145(1-A) is directory as held in Kavita Sakharam Chavan, and the Commissioner has discretion to allow the remaining members to continue.
Petitioners submitted that the three remaining members were smoothly conducting the affairs of the Gram Panchayat as Sarpanch, Upa-Sarpanch, and Member.
Ratio Decidendi
Section 145(1-A) of the Maharashtra Village Panchayats Act, 1958 is directory in nature and does not mandate automatic dissolution of a Gram Panchayat upon resignation of more than 50% of its members. The Commissioner has discretion to allow the remaining members to continue functioning if they can effectively conduct the affairs of the Gram Panchayat.
Judgment Excerpts
This petition takes exception to the order dated 18.06.2025 passed by the respondent no.1-Divisional Commissioner, Amravati Division, Amravati under Section 145(1A) of the Maharashtra Village Panchayats Act, 1958.
He submitted that the position of law is settled that the provisions of Section 145(1-A) of the Act of 1958 are directory in nature as laid down by the Division Bench of this Court in Kavita Sakharam Chavan & Others Versus Commissioner, Konkan Division & Others [(2003) 2 Bom CR 821].
Procedural History
The Divisional Commissioner passed the order dated 18.06.2025 dissolving the Gram Panchayat under Section 145(1-A). The petitioners filed Writ Petition No. 3116 of 2025 before the Bombay High Court, Nagpur Bench, challenging the order. The court heard arguments on 03.12.2025 and pronounced judgment on 19.12.2025.
Acts & Sections
- Maharashtra Village Panchayats Act, 1958: Section 145(1-A)
