Case Note & Summary
The petitioners, six women sarpanches of various gram panchayats in Nagbhid taluka, challenged the notification dated 11/4/2016 issued by the State of Maharashtra under Section 3 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, constituting a Nagar Parishad at Nagbhid. The petitioners contended that their respective gram panchayats were included in the proposed Nagar Parishad area without any prior inquiry, hearing, or consultation with the Zilla Parishad or the Collector, as required by the Act. The court noted that the State had issued a preliminary notification on 11/4/2016 and invited objections, but the petitioners alleged that no proper inquiry was conducted and their objections were not considered. The court examined the provisions of Section 3 of the Act, which mandates that before constituting a Nagar Parishad, the State must hold an inquiry, hear objections, and consult the Zilla Parishad and the Collector. The court found that the State had failed to comply with these mandatory requirements. The court also noted that the Zilla Parishad, which is a necessary consultee, had not been consulted. The court held that the notification was invalid and quashed it. The court directed the State to conduct a fresh inquiry, hear all affected parties, and comply with the statutory requirements before issuing any fresh notification. The court also vacated the interim stay on elections and directed that the process be completed expeditiously.
Headnote
A) Municipal Law - Constitution of Nagar Parishad - Section 3 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - Mandatory Inquiry and Hearing - The court held that before issuing a notification under Section 3, the State must conduct a proper inquiry, hear objections from affected gram panchayats, and consult the Zilla Parishad and Collector. Failure to do so renders the notification invalid. (Paras 1-10) B) Municipal Law - Consultation with Zilla Parishad - Section 3 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The court held that the Zilla Parishad is a necessary consultee under Section 3(3) of the Act, and its views must be obtained before the final notification. Non-compliance vitiates the process. (Paras 5-8) C) Municipal Law - Hearing of Objections - Section 3 of Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 - The court held that the petitioners, as sarpanches of affected gram panchayats, had a right to be heard before their villages were included in the Nagar Parishad area. The State's failure to provide such hearing violates principles of natural justice. (Paras 6-9)
Issue of Consideration
Whether the notification dated 11/4/2016 constituting Nagar Parishad at Nagbhid under Section 3 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 is valid when the mandatory inquiry and hearing of affected gram panchayats were not conducted
Final Decision
The court quashed the notification dated 11/4/2016 and directed the State to conduct a fresh inquiry, hear all affected parties, and comply with the statutory requirements before issuing any fresh notification. The interim stay on elections was vacated.
Law Points
- Constitution of Nagar Parishad under Section 3 of Maharashtra Municipal Councils
- Nagar Panchayats and Industrial Townships Act
- 1965 requires prior inquiry and hearing of affected gram panchayats
- mandatory consultation with Zilla Parishad and Collector
- and consideration of objections before final notification
