SOU JAMUNA MAHADEO DALVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the petitioners as well as learned AGP for respondent nos.1 to 3.

(2.) Writ petition is directed against the order dated 5.7.2011 passed by the Commissioner, Pune Division, Pune, whereby the Gram Panchayat came to be dissolved by exercising powers under Section 145(1)A of the Bombay Village Panchayats Act, 1958. The Counsel for the petitioners has submitted that the Gram Panchayat had 9 elected members, out of which, it is alleged that 5 members have tendered their resignations and therefore, the strength of the total members has gone below half of the total members of the panchayat and therefore, the Commissioner dissolved the Gram Panchayat by exercising powers under Section 145(1) A of the Act by passing impugned order.

(3.) The AGP has submitted that the Chief Executive Officer, Zilla Parishad, Solapur during the course of the inquiry recorded statements of 5 members of the Gram Panchayat who had tendered their resignations, including that of the petitioner. Every member in his statement has specifically admitted that the resignation given by him was totally voluntary and not under any pressure, political or otherwise. The AGP further contended that none of them withdrew the resignation till this date. It is therefore, contended that the Commissioner was justified in dissolving the Gram Panchayat as per the mandate of Section 145(1) A of the Act.