GANESHSINHA DOMANSINGHA HAJARI Vs. COMMISSIONER, NAGPUR DIVISION

JUDGEMENT

(1.) In this petition we are concerned with a notice given to move a no -confidence motion against the Chairman of the Panchayat Samiti of Nagpur, under Section 72 of the newly enacted Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (No. V of 1962), (hereinafter referred to as the Act).

(2.) THE petitioner was elected Chairman of the Panchayat Samiti, Nagpur, on August 7, 1962, after the last elections to the Zilla Parishads. On October 10, 1962, four members of the Samiti who are respondents Nos. 2 to 5 gave a notice of their intention to move the no -confidence motion. That notice is at annexure B. Annexed to that notice was a copy of the resolution at annexure A. The' petitioner who received the notice in his capacity as Chairman of the Panchayat Samiti ruled it out of order, and the order which he passed on the same day that he received the notice is at the foot of annexure B as follows: There is no necessity for convening the meeting to consider the motion of no confidence as the notice is not according to rule. Therefore, the notice is cancelled.

(3.) THE notice of a no -confidence motion has to be given under the provisions of Section 72(7) of the Act and the Commissioner's powers are indicated in Section 72(4) of the Act. The relevant provisions of Section 72 are as follows: 72. (1) A motion, of no -confidence in the Chairman or Deputy Chairman of a Panchayat Samiti may be made by a requisition from not less than one -fourth of the total number of the members (other than associate members) after giving a notice thereof in such form and in such manner as may be prescribed by the State Government. (2) The Chairman of a Panchayat Samiti shall convene a meeting of the Panchayat Samiti to consider such motion within ten days of the receipt of the notice.... (4) If no such meeting is convened by the Chairman of a Panchayat Samiti within the period specified in Sub -section (2), all or any of the members who have given notice of motion of no -confidence, may forward to the Commissioner a copy of the notice (together with a copy of the motion) and request him to convene a meeting of the Panchayat Samiti. The Commissioner shall, within ten days of the receipt of such communication by him, convene the meeting of the Panchayat Samiti for the consideration of the motion at the office of the Panchayat Samiti at a time appointed by him, and shall authorise such person as he deems fit to preside over such meeting.