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Mandatory requisition for moving NC motion against the CHMN or DC of Panchayat Samiti- Bombay High Court

 The mandatory compliances that had to be followed to move a motion of no confidence (NC) against the Chairman (CHMN) or Deputy Chairman (DC) of Panchayat Samiti were laid down in the recent judgment of Sau. Pranaya & Anr. v. The Collector Chandrapur & Ors. [WP. Stamp no. 8394 of 2020], dated 25th September 2020 by the Coram of Justice R.K. Deshpande and Justice Pushpa V. Ganediwala.

The facts of the case mostly initiate with the test in this petition is to the ‘no-confidence motion which was passed in Special Meeting dated 14-7-2020 by the Panchayat Samiti Nagbhid, Taluka Nagbhid, District Chandrapur against the petitioners, who are the Chairman and the Deputy Chairman of the Panchayat Samiti, Nagbhid.

In this judgement, it had been stated in sub-section (2) of Section 72 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, that such requisition has to be delivered to the Collector or it is to be sent to him by the registered post acknowledgement due.  It is the Collector under sub-section (3) therein who has to call a meeting within seven days from the date of requisition. However, in this present case the requisition was not delivered personally to the Collector nor was it sent to him by the registered post acknowledgement due. It is urged that the requisition was delivered in the present case, to the Deputy Collector/Deputy District Election Officer, Chandrapur on 2-7-2020 and the meeting was called on that basis by the Collector by issuing notice dated 3-7-2020, thus it was the issue of the law and fact which was disputed.

Along with it, Rule 3 of the Maharashtra Zilla Parishads Presiding Authorities (No Confidence Motion) Rules, 1962 states the manner in which requisition should be made. Thus the established law states that Sub-section (2) of Section 72 read with Rule 3, reproduced above, makes it clear that the requisition is required to be delivered personally to the Collector or it is required to be sent by the registered post acknowledgement due. The issue is sensitive and hence these aspects are very significant.

However, it had been held that “It is an undisputed position that the motion of no-confidence was delivered to the Deputy Collector/Deputy District Election Officer, Chandrapur who has made an endorsement “please put as per rules”, the requisition is not delivered to the Collector, and it was also not sent by registered post acknowledgement due. The calling of the meeting to pass ‘no-confidence motion is, therefore, in total contravention of the aforesaid mandatory provisions. The same, therefore, cannot be sustained.”

As the learned judges had also stated that “In the result, the writ petition is allowed and the following order is passed : (1) The motion of ‘no-confidence’ passed against the petitioners in a special meeting of Panchayat Samiti, Nabhid on 14-7-2020, is hereby quashed and set aside. (2) The petitioners are directed to be restored in the office. The rule is made absolute in the aforesaid terms. There shall be no order as to costs.”

Click here to read the judgement

 

Judgement reviewed by-Sarita Kumari

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