Raosaheb s/o Babasaheb Kakade v. State of Maharashtra and others
1998-09-21
B.H.MARLAPALLE, N.P.CHAPALGAONKER
body1998
DigiLaw.ai
JUDGMENT - N.P. CHAPALGAONKER, J.:---Heard. 2.Rule. Taken up forthwith for hearing by consent. 3.An action was initiated to remove the respondent No. 3 Sahebrao Bajirao Amte, Sarpanch of the Village Panchayat Bedarwadi, Tq. Patoda, under section 39 of the Bombay Village Panchayat Act. 1958. On 5th September 1997, the Standing Committee for Zilla Parishad, Beed passed a resolution after giving hearing to the respondent No. 3, removing him from the post of Sarpanch of Village Panchayat Bedarwadi, on the ground that he has issued a true copy of a resolution which was not recorded in the proceedings book. This Resolution No. 3 passed by the Standing Committee along with the other proceedings of the meeting dated 5th September, 1997 came up before the next meeting of the Standing Committee on 1st October, 1997 for confirmation of the minutes, as is required by section 111 of the Maharashtra Zilla Parishads and Panchayat Samities Act, 1961. Sub -section (13) of section 111 of the said Act, so far as is relevant for the purposes of this writ petition, reads as under : " S. 111(13) : The minutes shall be recorded as soon as practicable after the meeting and shall be placed before the next meeting of the Zilla Parishad for confirmation and shall after confirmation in that meeting, be signed by the presiding authority of such meeting. The minutes shall at all times be open to inspection by any Councillor or by any voter of the Zilla Parishad." 4.When the minutes of the Standing Committee meeting dated 5th September, 1997 were presented to the Standing Committee's next meeting on 1st October, 1997, by Resolution No. 53 the Standing Committee gave its confirmation to all the resolution except the resolution No. 48 of the earlier meeting. The resolution No. 53 of the meeting dated 1st October, 1997 reads as under: "The Standing Committee gave consent for confirmation of the minutes of the meeting dated 5th September, 1997 except the resolution No. 48." 5.Petitioner has filed this petition challenging Resolution No. 53, so far as it omits to confirm Resolution No. 48 passed in the earlier meeting dated 5-9-1997.
6.Shri H.K. Mundhe, learned Counsel for the Zilla Parishad, Beed, defended the action of the Standing Committee in deleting the Resolution No. 48 on the ground that the Standing Committee or any other committee of the Zilla Parishad has a right to consider the motion twice, firstly when it is passed and secondly when it comes for confirmation. Relying on the provisions of sub-section (13) of section 111 of the Maharashtra Zilla Parishads and Panchayat Samities Act, 1961, Shri Mundhe, learned Counsel, submits that unless a motion is confirmed in the next meeting, it does not really exist in law and the power of confirmation under section 111 (13) read with section 119 (1) of the said Act also includes the power not to confirm a particular resolution. Shri N.L. Jadhav, learned Counsel for the petitioner, contended that once the resolution is passed, further confirmation by majority of the members in the next meeting is not required and it is only a matter of verification of the record that the resolution is confirmed. 7.Confirmation of the minutes, as is understood in the law of meetings, is a verification of the facts as to what actually happened in the last meeting. Whether the resolutions passed have been correctly recorded; where it is a practice to record the gist of the discussion then whether the discussion is rightly recorded and while confirming the minutes of the earlier meeting, the presiding authority shall read out the minutes and will ask the members whether this is the true account of the happenings at the last meeting. Confirmation is not an opportunity for reconsideration even to the same body. Shackleton on The Law and Practice of Meetings has quoted a judgment in (R. v. York, Mayor)1 of (1853) 1 E B. 594 and said thus; "Decisions once arrived at do not need confirmation and the practice adopted by some authorities of "confirming" minutes has no legal significance. The word "confirm" sometimes means "verify", it is commonly used in that sense at meetings of public bodies, who confirm the minutes of their last meeting, not meaning thereby that they give them force but merely that they declare them accurate." Thus, confirmation of the minutes of an earlier meeting is a declaration that the minutes have been accurately written. It does not give them additional force again by considering or reconsidering the merits of the resolution.
It does not give them additional force again by considering or reconsidering the merits of the resolution. We, therefore, find that the Standing Committee has no authority to pass the resolution, which is impugned in this writ petition. The Resolution No. 53 of the meeting of the Standing Committee dated 1st October, 1997 is hereby quashed to the extent of deleting the Resolution No. 48 passed in meeting of 5th September, 1997. 8.If a public body feels that the resolution passed earlier needs to be reconsidered, they may do so if their rules so permit but while confirming the minutes of the earlier meeting, they have no right to delete the resolution merely because the majority of members present in the next meeting now do not want such a resolution to be passed. This is beyond the scope of the purpose of confirmation. The submissions made by the learned Counsel for the Zilla Parishad are, therefore, devoid of merits. 9. The learned counsel Shri Jadhav, appearing on behalf of the petitioner, and Shri C.V. Thombre, learned counsel for respondent No. 3 wanted to take us to the merits of the original resolution and whether such a resolution could have been passed. We make it clear that there is no challenge before us to the original resolution which is passed by the Standing Committee of the Zilla Parishad in its meeting dated 5th September, 1997. Therefore, in this writ petition, we have not expressed any opinion about the validity or otherwise of that resolution. 10.With this clarification, rule made absolute and Resolution No. 53 of the meeting dated 1-10-1997 so far as it deletes Resolution No. 48 passed in the earlier meeting dated 5-9-1997 is hereby quashed and set aside. There will be no order as to costs. Rule made absolute. *****