Gajanan s/o. Bhanudas Bhise v. State of Maharashtra
2007-06-27
P.R.BORKAR, S.J.VAZIFDAR
body2007
DigiLaw.ai
cJUDGMENT S.J. VAZIFDAR, J.:- The petitioner has sought an order quashing a resolution dated 1612-2006, passed by the Gram Sabha of Sabalkheda, a village in the Hingoli district, removing the petitioner from the Chairmanship of the Water Supply and Sanitation Committee and appointing respondent no.5 as the Chairman in his place. Counsels have addressed us on the basis that the removal of the petitioner, as Chairman of the said Committee, is in effect and for the purpose of removal of the petitioner as a member of the said Committee. It is therefore, on this basis that we have preceded. 2. Respondent nos.2 and 3 are the Chief Executive Officer, Zilla Parishad, Hingoli and the Block Development Officer and a Member of the Panchayat Samiti. Respondent Nos 4 and 5 are one Jankiram Sakharam Bhise and Santosh Deorao Bhise, respectively. 3. The petitioner’s main contention is that the impugned resolution was passed contrary to and in violation of the provisions of the Bombay Village Panchayats Act, 1958, and the Bombay Village Panchayats (Gram Sabha Meetings) Rules, 1959. 4. Under Section 49 of the said Act, a Gram Sabha may, in consultation with the persons/bodies mentioned therein, constitute one or more Village Development Committees. Section 49 provides for the constitutions of such Committees. 5. In accordance with Section 49, at a meeting of the Gram Panchayat, held on 27-12-2005, the petitioner was appointed as a Member of the Village Water Supply and Sanitation Committee. The petitioner was appointed as the Chairman of the said Committee. There is not dispute in this regard. Nor is there any dispute that the petitioner has been discharging his functions as Ii member and as the Chairman of the said committee. 6. By a: notice dated 14-12-2006, respondent no 4 purported to convene a meeting under his Chairmanship on 16-12-2006. The authority of respondent no.4 to do so is also challenged in the Writ Petition. However, considering the view that we have taken, it is not necessary for us to examine this issue. 7. It is important to note the agenda mentioned in this notice. It was to discuss plans about the Water Supply Project and matters connected therewith. The notice did not include any item regarding the membership of the petitioner on or in respect of the said Committee. At the meeting convened on 16-12-2006, the impugned resolution was passed. 8.
7. It is important to note the agenda mentioned in this notice. It was to discuss plans about the Water Supply Project and matters connected therewith. The notice did not include any item regarding the membership of the petitioner on or in respect of the said Committee. At the meeting convened on 16-12-2006, the impugned resolution was passed. 8. Section 7 of the Act provides for the statutory meetings to be held of the Gram Sabha. The proviso thereto entitles the Sarpanch, of his own motion, to call a meeting of the Gram Sabha. The proviso also mandates his calling a meeting of the Gram Sabha if so required by the Standing Committee, Panchayat Samiti or the Chief Executive Officer. 9. Section 49 (8)(a) of the Act reads as under: “(8)(a) The members of the Village Development Committee, once appointed, shall not be removed or withdrawn before the completion of their term as provided in sub-section (2) except (i) by an express resolution passed by the Gram Sabha in a special meeting duly called for the purposes or (ii) when such member suffers from any of the disqualification specified in section 14 for the members of the panchayats; (b) Any vacancy caused by the death, resignation, removal or withdrawal, or otherwise disqualification of a member of the village Development Committee, shall be filled up as provided under Sub-section (1) read with sub-section (2) and (4).”(emphasis supplied.) 10. Rules 4; 5, 6 and 7 of the said Rules read as under: “4. The Sarpanch may, at any time, of his own motion, and shall if so required by the (Standing Committee, Panchayat Samiti, or the Chief Executive Officer,) call an extraordinary meeting of the Gram Sabha. 5. The notice of an ordinary meeting of the Gram Sabha shall be given at least seven clear days before the date of such meetings and in the case of an extraordinary meeting at least four clear days before the date of such meetings. 6.
5. The notice of an ordinary meeting of the Gram Sabha shall be given at least seven clear days before the date of such meetings and in the case of an extraordinary meeting at least four clear days before the date of such meetings. 6. A notice of a meeting either ordinary or extraordinary, of the Gram Sabha shall be published:- (a) by affixing it at the office of the Panchayat and the village chavdi or chora and in the absence of a village chavdi or chora at any other conspicuous place or place in the village, and (b) by making an announcement by a beat of drum (on the fourth day, and also on the day) immediately proceeding the date of the meeting. 7. The notice of a meeting of the Gram Sabha shall specify the date, time and place of the meeting and the nature of the business to be transacted at the meeting. The business to be transacted at the first meeting in every financial year shall include items as provided in sub-section (1) of section 8 of the Act. (emphasis supplied) 11. The petitioner's contention that the impugned resolution was passed contrary to and in violation of Section 49(8)(a) and Rules 5 and 7 is well founded. 12. It is not necessary for us to consider generally in principles or on precedent the necessity of a notice convening a meeting specifying in the agenda for the meeting a proposal for the removal of a member of a Village Development Committee as a condition precedent for such a resolution to be taken up, considered or voted on at the meeting. IN our view, the provisions of the said Act and the said Rules are themselves clear in this regard and require the same. 13. Section 49(8)(a)(i) specifically provides that the members of the Village Development Committees shall not be removed except by an express resolution passed by the Gram Sabha in a special meeting duly called for the purpose. 14. Thus, the special meeting must be called for the purpose of removing a member of the Village Development Committee. The said Rules require a meeting to be called by a notice. Under Rule 6, the notice is to be published by affixing it as stated in sub-rule (a) or by a beat of drums as per sub-rule (b).
14. Thus, the special meeting must be called for the purpose of removing a member of the Village Development Committee. The said Rules require a meeting to be called by a notice. Under Rule 6, the notice is to be published by affixing it as stated in sub-rule (a) or by a beat of drums as per sub-rule (b). In either case, the notice must specify the purpose for which the meeting is convened. Thus, in the present case the notice ought to have specified that the meeting was convened for considering the removal of the petitioner as a member of the Village Development Committee. The provisions clearly mandate the notice to specify the same. 15. It is further important to note that Rule 7 expressly states that notice of the meeting shall specify inter-alia the nature of the business to be transacted at the meeting. Thus, it is clear that where a member of a Village Development Committee is proposed to be removed at a meeting of the Gram Sabha the notice convening the same must specify this as a part of the agenda. 16. Faced with this it was contended on behalf of the respondents that the notice dated 14-12-2006 convening the said meeting referred to the working of the project which would include all questions incidental thereto including the removal of a member of the Village Development committee. We are unable to agree. 17. It can by no stretch of imagination be held that there is any similarly in the nature of the business regarding the working of the project and the removal of a member of the Village Development Committee. The two are distinct and there is no semblance of similarity between them. The notice dated 14-12-2006 convening the meeting on 16-12-2006 does not meet the requirement of the said Act and the Rules in respect of the impugned resolution. 18. A conjoint reading of Section 49(8)(a) and Rules 4, 5, 6 and 7 of the said rules establishes that it is mandatory that a notice convening a meeting for the removal of a member of a Village Development Committee must expressly state the nature of the business to this effect. This is obviously for good reasons. The removal of a member is an important aspect not only for the person concerned but for the Gram Sabha and the Village Development Committee as well.
This is obviously for good reasons. The removal of a member is an important aspect not only for the person concerned but for the Gram Sabha and the Village Development Committee as well. For instance, members often decide whether or not to attend a meeting depending on the nature of the business to be transacted threat. If the notice does not specify the agenda they are deprived the opportunity of taking an informed decision. Even members who do attend the meeting would in such a case be deprived the advantage of reflecting on the nature of the business to be transacted before taking a stand at the meeting. Needless to say, this is especially so in the case of the member concerned. 19. It was also contended that the removal of the Petitioner was under Section 14 of the said Act. Section 14 however deals with dis-qualification of a person. Mr. Deshmukh, the learned counsel appearing on behalf of the respondent, was unable to indicate how Section 14 applies in the facts of this case. 20. In the circumstances Rule is made absolute in terms of prayer (B). There shall be no order as to costs. Petition allowed.