AWANTIKABAI DINKAR UJAGARE Vs. V.T. JAGTAP

JUDGEMENT

(1.) The petitioner was co -opted as a councillor of the Zilla Parishad, Ahmednagar, under Section 9(1)(b) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, hereinafter referred to as the Act. Under Clause (b) in Sub -section (1) of Section 57 of the Act she became a member of the Panchayat Samiti, Shrigonda. Opponents Nos. 4 to 7 are elected councillors of the Zilla Parishad. They are, therefore, members of the Panchayat Samiti under Clause (a) in Section 57(1). Opponents Nos. 8 to 15 have been elected as members of the Panchayat Samiti under Clause (f) in Section 57(1). Opponent No. 16 was co -opted as a member of the Samiti under Clause (e) of Section 57(1) On November 14, 1963, motions of no -confidence in the Chairman and the Deputy Chairman of the Panchayat Samiti were passed. At the same meeting a new Chairman and a new Deputy Chairman were elected. Their elections were set aside by the Commissioner on December 19, 1963. Thereafter the Collector authorised the Mamlatdar, Shrigonda, to summon a meeting under Section 67 of the Act, for the purpose of electing the Chairman and the Deputy Chairman of the Panchayat Samiti, Shrigonda. The Mamlatdar did not issue notices of the meeting to the petitioner and opponent No. 16. The petitioner has, therefore, filed this petition, in which she has prayed for a declaration that the petitioner and opponent No. 16 are entitled to attend the meeting to be held for the purpose of electing the Chairman and the Deputy Chairman of the Panchayat Samiti and for a direction to the Collector, the Mamlatdar and the Panchayat Samiti to invite the petitioner and opponent No. 16 to attend the meeting and exercise all their rights as members at the meeting to be held for the purpose of electing the Chairman and the Deputy Chairman. Sub -section (1) of Section 57 states that every Panchayat Samiti shall consist of - (a) all councillors who are elected to the Zilla Parishad from the electoral divisions included in the Block, (b) the co -opted councillor, (if any) residing in the Block, (c) ... (d) ... (e) (i) if the members of a Panchayat Samiti falling under Clauses (a) and (f) do not include a woman, one woman residing in the Block co -opted by the Panchayat Samiti; (ii) if the members of a Panchayat Samiti falling under Clauses (a) and (f) of such Block as the State Government may specify in this behalf do not include a person belonging to the Scheduled Castes or Scheduled Tribes, a member co -opted by the Panchayat Samiti being a member of the Scheduled Castes or Scheduled Tribes, as the case may be, from amongst persons residing in the Block: Provided that a person so co -opted shall, subject to the provisions of this Act, continue to be a member, even if subsequent to the date of such co -option, a woman is co -opted by a Zilla Parishad under this Act or a person belonging to the Scheduled Castes or Scheduled Tribes is elected at any by -election, as a councillor or member, as the case may be, under this Act, and (f) Sarpanch as elected by members of panchayats in accordance with the provisions of Sub -section (2). Clauses (c) and (d) refer to associate members, with whom we are not concerned in the present case. Under this section, therefore, a Panchayat Samiti consists (1) of members, who have been elected, (2) of members, who have been co -opted either as councillors or as members of the Panchayat Samiti, and (3) of associate members. The expression 'associate member' has been defined in Clause (1) of Section 2 of the Act as a member who is entitled to attend and to take part in the deliberations of a Panchayat Samiti, but shall (unless expressly provided) have no right to vote and shall not be eligible to hold the office of presiding authority of such Samiti. Associate members have, therefore, no right to vote. There is no similar provision taking away the right of vote from co -opted members. Sub -section (6) of Section 111 states that at a meeting of a Zilla Parishad all questions shall be decided by a majority of votes of the councillors, present and voting. Under Section 118 these provisions apply in relation to meetings of a Panchayat Samiti. Consequently at a meeting of a Panchayat Samiti all questions are to be decided by a majority of votes of the members present and voting. A co -opted member is also a member of the Samiti. Consequently, a co -opted member will also have a right of vote at an ordinary meeting of the Samiti.

(2.) SUB -section (1) of Section 64 provides that every Panchayat Samiti shall be presided over by the Chairman, who shall be elected by the Panchayat Samiti from amongst members falling under Clauses (a) and (f) of Sub -section (1) of Section 57. The Chairman is, therefore, to be elected by the Panchayat Samiti, that is, by all the members of the Samiti except associate members, who have no right to vote. It may also be noted that the words used are 'from amongst members falling under Clauses (a) and (f)' and not 'by members falling under Clauses (b) and (e)'. The members falling under Clauses (a) and (f) of Section 57(1) are members, who have been elected either as councillors or as members of the Samiti. While, therefore, only a person, who has been elected as a councillor or as a member of the Samiti, can be the Chairman of the Samiti, the election is to be made by all the members of the Samiti including the co -opted members, but excluding associate members. Consequently, a co -opted member may also take part in and vote at the election of the Chairman. Sub -section (2) of Section 64 states that the Panchayat Samiti shall elect one of its members, excluding its associate members, to be the Deputy Chairman. A co -opted member, can, therefore, also be elected as the Deputy Chairman. Under Section 64, therefore, a co -opted member can vote at the election held for electing the Chairman or the Deputy Chairman, as the case may be.

(3.) SECTION 75 contains provisions regarding a motion of no -confidence against the Chairman and the Deputy Chairman of the Panchayat Samiti. Sub -section (1) of this section states that if the motion is carried by a majority of the total number of members of the Panchayat Samiti (other than associate members), the Chairman, or as the case may be, the Deputy Chairman of the Panchayat Samiti shall cease to hold office forthwith. This sub -section refers to the total number of members of the Panchayat Samiti other than associate members. The expression 'total number -of members' must necessarily include co -opted members. Consequently, a co -opted member has also a right to vote at the meeting held to consider a motion of no -confidence in the Chairman.