RAJESH V CHOUDHARY Vs. KSHITIJ R TORAK

JUDGEMENT

(1.) Rule returnable forthwith. By the consent of the learned Counsel appearing for the respective parties, the matters are heard finally.

(2.) Petitioners have challenged the Government Resolution dt. 12.8.2009 by which the Government has resolved that the Committees formed u/s. 49 of the Bombay Village Panchayat Act, 1958 (hereinafter referred to as "the Act") such as the Committees formed for the purpose of Health, Nutrition, Water supply and Sanitation shall compulsorily have a Sarpanch of the Gram Panchayat as the ex-officio President and a Gram Sevak as the ex-officio Secretary. The petitioners in all these cases are the Presidents and the Secretaries of various Committees constituted u/s. 49 of the Act and they are all likely to be displaced and have been served with orders by the respective Zilla Parishads under which they are required to hand over charge of the Committees headed by them to the respective Sarpanch and Gram Sevaks.

(3.) The main contention raised on behalf of the petitioners is that the power to constitute Committees in question is conferred on the Gram Sabha u/s. 49 of the Act and it is not open for the Government to appoint the Sarpanch and a Gram Sevak as an ex-officio President and Secretary respectively and thereby change the constitution of the Committee. The Government Resolution and the impugned action in pursuance thereof is, therefore, violative of Section 49 and the Scheme of the Act.