Case Note & Summary
The present writ petition was filed by six members of the Village Panchayat, Kokangaon, challenging the order dated 23 November 2016 passed by the Additional Collector, Ahmednagar in Dispute Application No. 85 of 2016. The dispute application was filed by Respondent No. 4, Vandana Gaware, who was the Sarpanch of the Village Panchayat, alleging that her resignation from the post was not genuine. The Additional Collector allowed the dispute application. The petitioners challenged this order solely on the ground that the dispute application was not filed within the prescribed period of seven days under the Maharashtra Village Panchayats Act, 1959. The respondent Sarpanch raised a preliminary objection regarding the maintainability of the writ petition, contending that an appeal is available under Section 29(4) of the Act against the order of the Additional Collector. The court examined Section 29 of the Act, which deals with resignation of members and disputes regarding resignation. Sub-section (4) provides that any person aggrieved by an order of the Collector under sub-section (3) may, within thirty days, appeal to the State Government, whose decision shall be final. The court held that since a statutory alternative remedy of appeal is available, the writ petition cannot be entertained. The court dismissed the petition with liberty to the petitioners to file an appeal before the State Government within the prescribed period. The court did not express any opinion on the merits of the case, including the limitation issue.
Headnote
A) Constitutional Law - Maintainability of Writ Petition - Alternative Remedy - Availability of Statutory Appeal - The petitioners challenged the order of the Additional Collector allowing a dispute application regarding resignation of Sarpanch under Section 29 of the Maharashtra Village Panchayats Act, 1959. The court held that since Section 29(4) provides an appeal to the State Government against the Collector's order, the writ petition is not maintainable and dismissed it with liberty to file appeal. (Paras 5-7) B) Village Panchayat - Resignation Dispute - Limitation - Section 29 Maharashtra Village Panchayats Act, 1959 - The petitioners argued that the dispute application was not filed within the prescribed period of seven days. However, the court did not decide this issue on merits as the petition was dismissed on the ground of alternative remedy. (Paras 3, 7)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution is maintainable when a statutory appeal is available under Section 29(4) of the Maharashtra Village Panchayats Act, 1959 against the order of the Additional Collector in a resignation dispute.
Final Decision
The writ petition is dismissed as not maintainable due to availability of alternative remedy of appeal under Section 29(4) of the Maharashtra Village Panchayats Act, 1959. Petitioners are at liberty to file an appeal before the State Government within the prescribed period. No order as to costs.
Law Points
- Alternative remedy
- Maintainability of writ petition
- Statutory appeal
- Section 29(4) Maharashtra Village Panchayats Act 1959
- Resignation dispute
- Limitation period
