DEOLAL SITARAM THAKRE Vs. K.M. GALAT PATIL

JUDGEMENT

(1.) This order will govern the disposal of both these petitions.

(2.) SPECIAL Civil Application No. 375 of 1962 is filed by three persons Deolal, Pralhad and Smt. Kalindibai, in which they seek quashing of a notice issued on September 19, 1962, by the Block Development Officer and Secretary of the Barshitakli Panchayat Samiti calling a meeting of the elected members of the Panchayat Samiti for co -option of certain persons under Section 57 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. They also desire a writ of mandamus requiring the Collector of Akola, directing him to publish the names of the petitioners as duly co -opted members under Section 57(1)(d) and (c) of the same Act. These petitioners had asked for an ad interim writ while the petition was admitted against holding of the proposed meeting fixed for September 30, 1962. We had directed such an ad interim writ to issue in terms of the prayer Clause (c) of the petition. At that time Shri Jakatdar had appeared for respondent No. 1 to this petition, viz. the Chairman of the Barshitakli Panchayat Samiti, and he had undertaken to abide by that order. Therefore, the meeting fixed for September 30, 1962, has not been held.

(3.) THEREAFTER , as directed by the Chairman, the Secretary of the Panchayat Samiti, who is impleaded as respondent No. 2 in Special Civil Application No. 375 of 1962 had called a meeting for September 25, 1962, for election of a Deputy Chairman. The petitioners who were declared co -opted as a result of casting of lots had also received notice of this meeting. But before this meeting could be held, the impugned notice dated September 19, 1962, was issued by the Secretary at the instance of the Chairman, calling a fresh meeting of the elected councillors for a fresh co -option of members required to be co -opted under Clauses (d), (e) and (c) of Section 57(1) of the Act. When the petitioners, who were declared co -opted by lot, came to know of this fresh notice, they made an application to the Collector of Akola to intervene and suspend action at the instance of the Chairman and the Secretary. The Collector declined to take any action as he took the view that no such application could be entertained by the Collector. The petitioners who were declared co -opted by lot, therefore, filed their petitions in this Court and claimed reliefs mentioned in Special Civil Application No. 357 of 1962. Soon thereafter, the petitioners, who were unlucky in the lot, but who had secured equal support from the members at the meeting held on September 3, 1962, filed their petition which is numbered as Special Civil Application No. 420 of 1962. The contention of the petitioners in that petition is that the Chairman of the meeting could not decide the question of co -option of members under Section 57 by drawing of lots if there was an equal support to candidates proposed for co -option. Their case is that the meeting should have proceeded to conduct its business of co -opting members by the procedure laid down for 'Conduct of Business'. That procedure is laid down under Section 111 of the Act. Sub -section (6) of Section 111 provides that all questions shall be decided by a majority of votes of the councillors present and voting, the presiding authority having a second or casting vote in all cases of equality of votes. These petitioners, therefore, contend that the proper procedure to be followed by the presiding officer, who was a Chairman in the instant case, was to decide the question of co -option by casting his own vote in addition, and it was necessary to do so in view of the equal support obtained by rival claimants. The petitioners in Special Civil Application No. 420 of 1962, therefore, have asked for a writ of certiorari or other appropriate writ to be issued directing the Chairman and the Secretary of the Samiti to quash the proceedings of the meeting held on September 3, 1962, and to prohibit the Collector, Akola, from publishing the names of the petitioners in Special Civil Application No. 375 of 1962 as co -opted members.