MOHAN S/O. MAROTRAO PATIL-TAKLIKAR Vs. STATE OF MAHARASHTRA THROUGH THE SECRETARY, RURAL DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. Taken up for final hearing by consent of parties. The only question is whether election of Committee members of Subject Committees and election of chairman of these Committees, as contemplated by Section 81 and Section 83 of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961, have been held in present matter, in accordance with law.

(2.) General elections of Zilla Parishad, Nanded took place on 7th February,2012 and results were announced on 17.2.2012. The Sub-Divisional Officer, on 19.3.2012 issued communication convening special meeting of the newly elected Zilla Parishad members on 2.4.2012 for election of Chairman of various subject committees. In the meanwhile, i.e. on 23.1.2012, President and Vice President of the Zilla Parishad were elected in its first meeting by the Zilla Parishad. In the meeting conducted on 2/4/2012, no election for any post of Chairman took place on that day but those powers were given to President. The Secretary of the Zilla Parishad issued notice on 9.4.2012 and called for General Body meeting on 19.4.2012. Meeting was convened as per the provisions of Section 78, 79 and 79A of the Maharashtra Zilla Parishad and Panchayat Samitis Act, 1961 (hereinafter referred to as "the 1961 Act" for sake of brevity). On 19.4.2012, the meeting was presided over by President of the Zilla Parishad, and proceedings show that unanimously all Chairmen of Subject Committees have been elected.

(3.) Learned AGP appearing for respondent Nos.1, 2 and 4 states that he is still awaiting instructions.