Case Note & Summary
The petitioner, Sachin Hanuman Phad, filed a Writ Petition challenging the appointment of Respondent No.5, Datta Shvajirao Pawar, as Sarpanch of Gram Panchayat Dhavalesher, Taluka Bhokardan, District Jalna. The petitioner contended that the meeting of the District Selection Committee held on 30th December 2015 was invalid for lack of quorum, as only two members were present instead of the required three under Section 31(2) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. The respondents argued that the meeting was validly conducted. The High Court examined the provisions of the Act and found that the quorum for the District Selection Committee is three members. Since only two members were present, the meeting was invalid. Consequently, the appointment of Respondent No.5 as Sarpanch was quashed and set aside. The Court directed the authorities to take steps for the election of a new Sarpanch in accordance with law.
Headnote
A) Local Self-Government - Quorum - District Selection Committee - Section 31(2) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The meeting of the District Selection Committee held on 30th December 2015 was invalid for want of quorum as only two members were present instead of the required three. The Court held that the appointment of Respondent No.5 as Sarpanch based on such invalid meeting is illegal and liable to be set aside (Paras 7-10).
Issue of Consideration
Whether the meeting of the District Selection Committee held on 30th December 2015 was valid in the absence of the required quorum, and consequently, whether the appointment of Respondent No.5 as Sarpanch of Gram Panchayat Dhavalesher is illegal.
Final Decision
The Writ Petition is allowed. The appointment of Respondent No.5 as Sarpanch of Gram Panchayat Dhavalesher is quashed and set aside. The respondents are directed to take steps for election of a new Sarpanch in accordance with law.
Law Points
- Quorum requirement for District Selection Committee
- Validity of meeting without quorum
- Appointment of Sarpanch under Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
