SARITA RAJESH PATHRE Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) RULE. Rule is made returnable forthwith and heard finally with consent of the learned counsel for the parties.

(2.) This petition takes exception to the order dtd. 18/6/2025 passed by the respondent no.1-Divisional Commissioner, Amravati Division, Amravati under Sec. 145(1A) of the Maharashtra Village Panchayats Act, 1958 (for short, 'the Act of 1958'). By this order, the respondent no.1 has ordered dissolution of Gram Panchayat Jawala-Shahapur, Taluka Chandur Bazar, District Amravati on account of resignation of more than 50% of the members of the Gram Panchayat.

(3.) Assailing the impugned order,the learned counsel for the petitioners submitted that the petitioners are the elected members of the Gram Panchayat who were elected for the tenure from 16/2/2021 to 15/2/2026. He submitted that despite resignation by six members, the remaining three members i.e. the petitioners herein are smoothly conducting the affairs of the Gram Panchayat by working as Sarpanch, Upa-Sarpanch and Member respectively and as such dissolution of the Gram Panchayat by invoking provisions of Sec. 145(1-A) of the Act of 1958 is absolutely unwarranted. He submitted that the position of law is settled that the provisions of Sec. 145(1-A) of the Act of 1958 are directory in nature as laid down by the Division Bench of this Court in Kavita Sakharam Chavan and Others Versus Commissioner, Konkan Division and Others [(2003) 2 Bom CR 821]. He submitted that ignoring the legal position, the respondent no.1 mechanically passed the impugned order to the detriment of the democratically elected members.