SHIVAJI MARUTI SHINGHATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Heard forthwith.

(2.) The petitioner Nos.1 to 4 were the elected members of the Gram Panchayat known as Mangnoor @ Sawatwadi Gram Panchayat. They have resigned their membership. Respondent Nos.6 to 8 are the existing members. Elections to the Gram Panchayat were held in May, 2005. The strength of the Gram Panchayat consists of 7 members. The petitioner No.4 was elected as Sarpanch and respondent No.6 as Deputy Sarpanch. There were some dispute about the election of respondent No.6 as Sarpanch. On account of this dispute, respondent Nos.2 and 3 visited the village on 4.8.2006 and declared respondent No.6 elected as Deputy Sarpanch. The said declaration was made without calling the petitioners for the meeting and taking their opinion or votes of the petitioners and behind their back, thereby cancelling the earlier election of Sarpanch and Deputy Sarpanch. The petitioners, in the circumstances, as set out above, tendered their resignation.

(3.) It is the case of the petitioners that total strength of the Panchayat consists of 7 members, out of which four members have resigned and consequently, as more than half the total number of seats have been vacant then Panchayat ought to have been dissolved. Instead, by order dated 21.11.2006, there is a direction issued to hold elections to the four vacant seats. It is submitted that there is no power to fill in the vacant seats. It is submitted that, considering section 145 (1-A) of the Bombay Village Panchayat Acts, 1958, hereinafter referred to as the Act, the order is illegal and consequently, liable to be quashed and set aside.