MALASE VERSUS THE COLLECTOR NANDURBAR .… Mr. D. S. Bagul, Advocate & Anr. v. GHUGE, J. ] SMS
Case at a glance
Provisions considered
Key paragraphs
- Para 55. In view of the above, since a vacancy is admittedly created and there is no impediment for holding the election to the post of Sabhapati, Panchayat Samiti, Nandurbar, this Petition is disposed off. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J.…
Judgment
Mr. D. S. Bagul, Advocate for Petitioner Mr. P. K. Lakhotiya, AGP for Respondent – State Mr. R. N. Jain, Advocate for Respondent No.2 .… CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ. DATE:25.09.2023 PER COURT :-
This is a peculiar case wherein an elected representative, who resigned from the post of Chairman (Sabhapati), Panchayat Samiti, Nandurbar on 28.08.2023, is before this Court seeking a Writ of Mandamus that a vacancy be declared.
The learned Advocate representing the Zilla Parishad submits that the Petitioner herself delivered the resignation dated
28.08.2023 to the President as well as the Chief Executive Officer of the Zilla Parishad. He, therefore, submits that a vacancy has occurred in the light of the said resignation. 14-WP-11494-2023
The District Collector, Nandurbar has addressed a communication to the learned AGP dated 22.09.2023 stating therein that a report has been called. However, the Chief Executive Officer has not submitted a report to the District Collector, Nandurbar. He submits that the resignation can be covered under Section 71(1) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 and the position becomes vacant after the resignation is tendered in a manner as prescribed under Sub Section 3 of Section 71.
The learned Advocate representing the Chief Executive Officer submits that a vacancy is created and it is for the District Collector to conduct an election.
In view of the above, since a vacancy is admittedly created and there is no impediment for holding the election to the post of Sabhapati, Panchayat Samiti, Nandurbar, this Petition is disposed off. [ Y. G. KHOBRAGADE, J. ]
[ RAVINDRA V. GHUGE, J. ] SMS 2 of 2
Questions this judgment answers
Which statutory provisions did this judgment involve?
Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 — s. 71(1).
Which court decided this case, and when?
Bombay High Court, on 25 Sep 2023. The bench was RAVINDRA V GHUGE, Y G KHOBRAGADE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.