SAKHARAM BAGJI NARWADE Vs. COMMISSIONER, NAGPUR DIVISION

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution arises under some unusual circumstances.

(2.) THE petitioner Sakharam Bagji Narwade was elected as a chairman of the Public Works Standing Committee of the Janapada Sabha, Pusad, by a resolution dated March 17, 1960, passed by the Public Works Standing Committee. This resolution is at page 14 of the Paper Book. Three members were present at this meeting which elected the petitioner as chairman. After he was so elected, a reference was made by the Chief Executive Officer to the Collector, Yeotmal, for publication of the name of the petitioner as chairman of the Public Works Standing Committee. The Collector was of opinion that no such publication was required in the case of election of a chairman of a Standing Committee of the Sabha. Thereon the Chief Executive Officer informed the petitioner by a letter dated June 4, 1960, that he could work as President of the Public Works Standing Committee. The reference to work as President is inappropriate because the petitioner was, in fact, elected as chairman of the Public Works Standing Committee of the Sabha. Thereafter, respondent No. 1 who is Commissioner, Nagpur Division, inspected the Janapada Sabha, Pusad, and during the course of his inspection recorded a note on August 26, 1960. A copy of an extract from this note regarding casual vacancies is filed with the petition as annexure No. 5 at page 17 of the Paper Book. The Commissioner found that respondent No. 2 Gulabsing who was previously elected as chairman of the Public Works Standing Committee of this Janapada Sabha was alleged to have resigned his office by a communication bearing the date February 21, 1956, but the resignation was accepted by the chairman of the Janapada Sabha, that is, respondent No. 4, on December 1959. According to the Note the resignation had to be accepted by the Sabha as a whole and not by the chairman, as per Rule 15 of the rules framed under Section 182(2)(x) of the Local Government Act. It was, therefore, noted that the resignation of respondent No. 2 not having been placed before the Sabha for acceptance it was irregular for the chairman to accept the resignation or to fill up the vacancy of the office of the chairman of the Public Works Standing Committee.

(3.) THEREAFTER respondent No. 1 seems to have sent another communication to the chairman of the Janapada Sabha with reference to his Inspection Note dated August 26, 1960, and he observed in that communication that the practice of keeping resignation papers for over 4 years is pernicious and is treated as mala, fide. He, therefore, advised that the resignations of councillors should be treated as withdrawn and the members declared as continuing as no show cause notice regarding resignations being reconsidered for acceptance was given to them. The Chief Executive Officer of the Janapada Sabha then sent a communication to respondent No. 2 and one Shri G. V. Deshmukh who was chairman of another Standing Committee informing them that the resignations tendered by both of them cannot be considered to he legally accepted and, therefore, respondent No. 2 will remain chairman of the Public Works Standing Committee as before.