Case Note & Summary
The petitioner, Sunil Bhaskar Katkar, was elected as Sarpanch of Belati Grampanchayat in June 2015. On 3rd March 2018, respondent nos.1 to 6 filed an application under Section 35(1) of the Maharashtra Village Panchayats Act, 1958, seeking a special meeting for a no-confidence motion against the petitioner. The Collector convened a meeting for 7th March 2018, which could not take place. The petitioner then filed a dispute application before the Collector, challenging the motion and seeking a stay. The Collector, by order dated 5th April 2018, dismissed the dispute application without affording any opportunity of hearing to the petitioner. The petitioner challenged this order under Article 227 of the Constitution of India. The High Court held that the Collector's order was in gross violation of principles of natural justice as the petitioner was not heard. The court set aside the order and remanded the matter back to the Collector for fresh hearing, directing that the petitioner be given an opportunity of hearing and that the dispute be decided on its own merits within four weeks.
Headnote
A) Constitutional Law - Principles of Natural Justice - Right to be Heard - Collector dismissed dispute application under Section 35 of Maharashtra Village Panchayats Act, 1958 without giving any hearing to the petitioner - Held that such order is in gross violation of principles of natural justice and cannot be sustained (Paras 4-5).
B) Village Panchayats - No Confidence Motion - Section 35 Maharashtra Village Panchayats Act, 1958 - Petitioner challenged the motion and sought stay - Collector dismissed the application without hearing - Held that the order is set aside and the matter is remanded back to the Collector for fresh hearing (Paras 5-6).
Issue of Consideration
Whether the Collector's order dismissing the petitioner's dispute application under the Maharashtra Village Panchayats Act, 1958 without affording an opportunity of hearing is sustainable in law.
Final Decision
The High Court allowed the petition, set aside the impugned order dated 5th April 2018, and remanded the matter back to the Collector for fresh hearing. The Collector was directed to give an opportunity of hearing to the petitioner and decide the dispute on its own merits within four weeks from the date of the order.
Law Points
- Principles of natural justice
- Right to be heard
- Section 35 Maharashtra Village Panchayats Act
- 1958
- Article 227 Constitution of India
Case Details
2018 LawText (BOM) (04) 39
Writ Petition No.4494 of 2018
Mr. Surel S. Shah for the Petitioner, Mr. Anant Vadgaonkar for the Respondent Nos.2 and 4 to 6, Mr. S.D. Rayrikar, A.G.P. for the State – Respondent Nos.10 to 12
Raosaheb Ramchandra Gavhane, Savita Ankush Londhe, Subhabai Jayappa Ghodake, Kalawati Vitthal Katkale, Muktabai Maruti Waghmare, Prabhu Manohar Rathod, Narayan Tukaram Chavan, Lata Sunil Katkar, The Belati Grampanchayat, Belati, The Tahsildar @ Presiding Officer North Solapur, Collector, Solapur at Solapur, State of Maharashtra
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Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging the order of the Collector dismissing the petitioner's dispute application under the Maharashtra Village Panchayats Act, 1958.
Remedy Sought
The petitioner sought to quash the Collector's order dated 5th April 2018 and to direct the Collector to hear the dispute application afresh.
Filing Reason
The Collector dismissed the petitioner's dispute application without affording an opportunity of hearing, violating principles of natural justice.
Previous Decisions
The Collector, Solapur, by order dated 5th April 2018, dismissed the dispute application filed by the petitioner under the Maharashtra Village Panchayats Act, 1958.
Issues
Whether the Collector's order dismissing the petitioner's dispute application without hearing him is sustainable in law.
Submissions/Arguments
The petitioner argued that the Collector dismissed his dispute application without giving him any opportunity of hearing, which is in gross violation of principles of natural justice.
Ratio Decidendi
An order passed without affording an opportunity of hearing is in gross violation of principles of natural justice and cannot be sustained. The Collector must hear the petitioner before dismissing his dispute application.
Judgment Excerpts
A perusal of the impugned order indicates that the learned Collector has not given any opportunity of hearing to the petitioner before dismissing the said dispute application.
In my view, the impugned order is in gross violation of principles of natural justice and cannot be sustained.
The impugned order is set aside. The matter is remanded back to the learned Collector for hearing the petitioner and for deciding the dispute application on its own merits in accordance with law.
Procedural History
The petitioner was elected Sarpanch in June 2015. On 3rd March 2018, respondent nos.1 to 6 filed an application under Section 35(1) of the Maharashtra Village Panchayats Act, 1958 for a no-confidence motion. The Collector convened a meeting for 7th March 2018, which could not take place. The petitioner filed a dispute application before the Collector, which was dismissed on 5th April 2018 without hearing. The petitioner then filed the present writ petition under Article 227 of the Constitution of India.
Acts & Sections
- Maharashtra Village Panchayats Act, 1958: 35(1)
- Constitution of India: 227
