SATISH Vs. STATE OF MAHARASHTRA

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 Bombay Village Panchayat Act, 1958 is one such law contemplated by Article 243-A of the Constitution of India which confers powers on and specifies functions of a Gram Sabha. Section 49 of the Act reads as follows :