JYOTI GAUTAM PATIL Vs. PRESIDING OFFICER

JUDGEMENT

(1.) HEARD Mr. Anjan Dey, learned Counsel for the petitioner and Mrs. Dangare, leaned Asstt. Government Pleader for the respondent No. 3.

(2.) THE petitioner was elected as a member of Waigaon Gram Panchayat, Tahsil Samudrapur, District Wardha, which has total 9 Members in the Gram Panchayat. Thereafter a meeting was called for election of Sarpanch and Up-Sarpanch in accordance with sub-section (2) of section 33 of the Bombay Village Panchayats Act, 1958. The meeting was convened on 2-8-2000 at 2. 00 p. m. in accordance with Election Rules of 1964. The petitioner, therefore, filed her nomination under Rule 6 of the Bombay Village Panchayats (Sarpanch and Up-Sarpanch) Election Rules, 1964, (hereinafter referred to as "election Rules of 1964") for contesting the election to the post of Sarpanch. Rule 11 of the said Rules provides as under :-11. Quorum.---

(3.) THE quorum necessary for commencement of the meeting called for the election of the Sarpanch and Up-Sarpanch is one-half of the total number of members of the Panchayat. So in case of Waigaon Gram Panchayat which has total number of 9 members it will be 5, as prescribed under Rule 11. It is not disputed that in the meeting convened for election of Sarpanch at 2. 00 p. m. on 2-8-2000 only 4 members were present. Therefore, for want of quorum, the said meeting could not have commenced to transact any business. In spite of this, the Presiding Officer proceeded with the scrutiny of the nominations as one of the members viz. Ramesh Ukhadaji Ghumade took an objection to the nomination filed by the petitioner and the Presiding Officer upheld the objection and rejected the nomination of the petitioner, which is impugned in this petition.