Case Note & Summary
The petitioners, Yogesh Pandharinath Dalvi and Sanjaykumar Dashrath Dubile, filed a writ petition in the Bombay High Court challenging the notice issued by the Collector for holding elections to the posts of Sarpanch and Upa Sarpanch of Jogeshwari Gram Panchayat on 21 August 2015. The petitioners contended that the existing Panchayat's term, which began on 6 September 2010, was yet to expire, and holding elections for the newly elected body would curtail their tenure. The court, after hearing the parties, observed that the election of Sarpanch and Upa Sarpanch must be held within the term of the Panchayat as per Section 30 of the Maharashtra Village Panchayats Act, 1959. The court held that the election scheduled for 21 August 2015 was premature and would effectively cut short the existing Panchayat's term. Accordingly, the court allowed the petition, quashed the notice for the election, and directed that the election be held only after the expiry of the existing term.
Headnote
A) Panchayat Law - Election of Sarpanch and Upa Sarpanch - Section 30 of Maharashtra Village Panchayats Act, 1959 - The court considered whether the election of Sarpanch and Upa Sarpanch for the newly elected body can be held before the expiry of the term of the existing Panchayat. The court held that the election must be held within the term of the Panchayat and cannot be held before the expiry of the existing term, as it would curtail the tenure of the existing Panchayat. (Paras 1-3)
Issue of Consideration
Whether the election of Sarpanch and Upa Sarpanch for the newly elected body of the Village Panchayat can be held before the expiry of the term of the existing Panchayat, and whether such election would curtail the tenure of the existing Panchayat.
Final Decision
The court allowed the writ petition, quashed the notice for election of Sarpanch and Upa Sarpanch scheduled on 21.8.2015, and directed that the election be held only after the expiry of the existing term of the Panchayat.
Law Points
- Election of Sarpanch and Upa Sarpanch must be held within the term of the Panchayat
- Section 30 of Maharashtra Village Panchayats Act
- 1959
- Tenure of Panchayat cannot be curtailed
Case Details
2015 LawText (BOM) (08) 18
Writ Petition No.8640 of 2015
Mr. V.D. Sapkal for Petitioners; Mrs. A.V. Gondhalekar, AGP for Respondent State
Shri Yogesh Pandharinath Dalvi and Shri Sanjaykumar Dashrath Dubile
The State of Maharashtra, The Collector, Aurangabad, and The Presiding Officer for Election of Sarpanch and Upsarpanch to Jogeshwari Gram Panchayat
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Nature of Litigation
Writ petition challenging the notice for election of Sarpanch and Upa Sarpanch of a Gram Panchayat.
Remedy Sought
Petitioners sought quashing of the notice for election scheduled on 21.8.2015 and direction to hold election only after expiry of existing term.
Filing Reason
The Collector issued a notice for holding elections to the posts of Sarpanch and Upa Sarpanch for the newly elected body of the Panchayat on 21.8.2015, which the petitioners contended would curtail the tenure of the existing Panchayat.
Issues
Whether the election of Sarpanch and Upa Sarpanch for the newly elected body can be held before the expiry of the term of the existing Panchayat.
Submissions/Arguments
Petitioners argued that holding the election on 21.8.2015 would curtail the tenure of the existing Panchayat, which began on 6.9.2010.
Respondents did not file any counter, but the court considered the matter on merits.
Ratio Decidendi
The election of Sarpanch and Upa Sarpanch must be held within the term of the Panchayat as per Section 30 of the Maharashtra Village Panchayats Act, 1959, and cannot be held before the expiry of the existing term as it would curtail the tenure of the existing Panchayat.
Judgment Excerpts
The petitioners are, thus, objecting to the holding of elections for the posts of Sarpanch and Upa Sarpanch for the tenure between the years 2015 and 2020 on 21.8.2015 on the ground that holding of such meeting, and election of the Sarpanch and Upa Sarpanch from amongst the newly elected members, has an effect of curtailing the tenure of existing Panchayat.
Procedural History
The writ petition was filed on an unspecified date, heard on 20.8.2015, and disposed of at the admission stage with consent of parties.
Acts & Sections
- Maharashtra Village Panchayats Act, 1959: Section 30
