PRADIP GULABRAO PAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) SINCE these three petitions raise connected questions of fact and law, they are being disposed of by this common order.

(2.) A requisition was submitted to the Collector, Jalgaon on 11th December, 1995 requesting to call a meeting of Panchayat Samiti, Bhadgaon for expressing no confidence on its Chairman Pradip Gulabrao Pawar. Collector, Jalgaon issued a notice of special meeting of Panchayat Samiti on 16th December, 1995 and the meeting was to take place on 29th December, 1995 at 12 noon under the Chairmanship of Assistant Collector, Pachora. Collector, Jalgaon had issued these notices to elected members of Panchayat Samiti and not to elected members of Zilla Parishad from Bhadgaon Panchayat Samiti area who by virtue of section 57 (1) (a) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 had automatically became members of Panchayat Samiti, Bhadgaon.

(3.) THE petitioner in Writ Petition No. 5886 of 1995 Pradip Gulabrao Pawar, Chairman of Panchayat Samiti was given a notice that he is free to attend the meeting but would not be entitled to vote because of the amendment to section 72 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961. Petitioner by this writ petition prayed for stay of the meeting dated 29th December, 1995 alleging that the proposed meeting is not a valid one. The main ground was that the notices were not issued to the members of the Zilla Parishad who ex-officio became members of the Panchayat Samiti, Bhadgaon and unless a notice of 7 clear days is not given to them as required in law, meeting will not be lawful. Meeting was stayed by Vacation Judge by his order dated 28th December, 1995.