Case Note & Summary
The judgment concerns two writ petitions filed by petitioners who were elected members of the Gram Panchayat of Nadarpur, including the Sarpanch. They were disqualified by the Additional Collector under Section 53 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, for allegedly failing to comply with certain provisions. The disqualification was confirmed by the Additional Divisional Commissioner on appeal. The petitioners challenged these orders before the High Court, primarily on the ground that they were not afforded any opportunity of hearing before the disqualification was imposed. The court noted that the orders did not indicate that any hearing was given, and the respondents did not dispute this fact. The court held that the principles of natural justice require that a person be heard before an adverse order is passed, and the failure to do so renders the orders illegal and void. Consequently, the court quashed the orders of the Additional Collector and the Additional Divisional Commissioner and restored the petitioners to their positions as members and Sarpanch of the Gram Panchayat. The court also directed that the petitioners be allowed to function and participate in the meetings of the Gram Panchayat.
Headnote
A) Constitutional Law - Natural Justice - Right to be Heard - Disqualification under Section 53 of Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 - The petitioners were disqualified without being given an opportunity of hearing - The court held that the orders of disqualification passed by the Additional Collector and confirmed by the Additional Divisional Commissioner are illegal and void as they violate principles of natural justice - The court set aside the orders and restored the petitioners to their positions (Paras 5-7).
Issue of Consideration
Whether the disqualification of the petitioners under Section 53 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, without affording them an opportunity of hearing, is sustainable in law.
Final Decision
The court allowed the petitions, quashed the orders of the Additional Collector dated 23/02/2016 and the Additional Divisional Commissioner dated 20/11/2017, and restored the petitioners to their positions as members and Sarpanch of the Gram Panchayat of Nadarpur.
Law Points
- Natural justice
- Right to be heard
- Disqualification under Section 53 of Maharashtra Zilla Parishads and Panchayat Samitis Act
- 1961
- Opportunity of hearing mandatory
- Orders without hearing are illegal and void.
