JUDGMENT - Tambe, J.

(1) The question that arises for consideration in this case is whether the petitioner who had been elected first as a member of the panchayat Samiti of Shahada under section 571 F. of the Maharashtra Zilla Parishad and panchayat Samiti act 1961 [here in after referred to has the act of 1961] and later on elected as the chairman of the said Samiti on 7-8-62, continues still to be a member of the said Samiti after 1-12-63and in the alternative, in spite of the fact that he has ceased to be a member of the said Samiti as and from that date, he is entitled to carry on as a chairman the current admissible duties as are prescribed by the rules. To appreciate the contentions raised, it is necessary to state certain facts. In her year 1959 a petitioner was initially elected to be a member of the group gram panchayat of the village Kalsadi in Shahada block. Later in the same year, he also became the Sarpanch of the said group gram panchayat. Under the act of 1961, the bodies constituted are Zilla Parishad and the panchayat Samiti. Section 56 off the act provides that for every block, there shall be a panchayat Samiti and the panchayat Samiti shall have all such houses as are vested in eight by the act or otherwise. Sub S (3) of S.2 of the act defines "block" as such local area in a district as the state government may constitute to be a block under section 5. Section 57 of the act bees with the Constitution of panchayat Samiti and a reading of the section would show that the Constitution concerns of members taken gram different bodies. It is not necessary to bow into the detailed. But it would be sufficient to say that under clause (a) of sub-s (1) of S. 57 of the act of 1961. All councillors who are elected to the Zilla Parishad some the electoral divisions included in the block automatically becomes members of the panchayat Samiti. Clause [f] of the said sub section provides "Sarpanch electoral by members of panchayat in accordance with the provisions of sub section 2 "

sub-section 2 providers "for the purposes of clause [f] of sub section 1, each "electoral division in a block shall be divided into two electoral colleges off members of panchayat in such manner as may be determined by the state government and the members of panchayat in each electoral colleges shall elect from amongst the Sarpanch of those panchayat, 1 Sarpanch in accordance with the rules prescribed by the state Government".

We have already stated that the petitioner initially got edited as a member of the group gram panchayat of the village Kalsadi and later on became its Sarpanch in 1959. Under the aforesaid clause [F.] of sub section 1 of section 57 of the act of 1961, the petitioner got elected as a member on the panchayat Samiti of Shahada block. Section 64 [1] of the act provides that every panchayat Samiti shall be presided over by the chairman, who shall be elected by the panchayat Samiti from amongst members falling under clauses [a] and [f] of some Section 1 of section 57. The petitioner being a member foreign under clause [f] of sub section 1 of section 57 was eligible to be electoral as the chairman, and was duly elected as it chairman on 7-8-62. Now it may be stated that the term of the members of the village panchayat is for years. The term of the gram panchayat of delays Kalsadi came to an end in November 1963 [though the exact date is not known ]. section 32 of the Bombay Village panchayat act, 1958 [hereinafter referred to have the act of 1958] provides:

" after the expiry of his term of office, the Sarpanch shall continue to carry on the current duties of his office until such time as a new Sarpanch is elected and take over charges".

thus, though the term of the village panchayat of Kalsadi came to an end in November 1953, the petitioner continued to carry on the current duties of the Sarpanch of the village Kalsadi by reason of the provisions of section 32 of the act of 1958 p.m. in the re constitution of the midst panchayat of Kal

Click Here to Read the rest of this document