Failure to convene meetings of a panchayat as required by section 36 of the Bombay Village Panchayat Act, 1958, and the rules framed thereunder, constitutes a disqualification from continuing as Sarpanch.

DHARMADHIKARI J.- The petitioner who is a Sarpanch of Village Panchayat of Bodwad, has challenged in this writ petition the order passed by the Collector, Jalgaon dated 31st December 1980 holding that the petitioner stands disqualified as a Sarpanch under section 36 of the Bombay Village Panchayat Act, 1958.

2. It appears from record that the Block Development Officer, Panchayat Samiti, Bhusawal submitted, a report to the Collector on 17th September 1980 bringing to his notice that the monthly meetings of the panchayat for the months April 1979, July 1979, October 1979, December 1979, February 1980, March 1980, April 1980, June and July 1980 were not convened by the petitioner-Sarpanch and, therefore he is disqualified under section 36 of the Bombay Village Panchayats Act from continuing as a Sarpanch of the Village Panchayat. After getting this report from the Block Development Officer, a show cause notice was served on the petitioner by the Collector on 17th October 1980. The petitioner submitted his reply on 3rd November 1980 showing the cause as to why he should not be disqualified. According to the petitioner the circulating memos were issued during these months and as these circulating memos served the purpose of the meetings, it was not necessary to convene the meetings of the village panchayat. The Collector however, came to the conclusion that this is not a sufficient cause for failure to convene the meetings as contemplated by section 36 read with the rules framed thereunder and, therefore, ultimately declared that the petitioner is disqualified to continue as a Sarpanch.

3. It was neither disputed in the written reply submitted by the petitioner nor it is disputed in this petition, that in the months referred to hereinbefore the meetings of the panchayat were not convened by him.

4. Shri Phadkar the learned counsel appearing for the petitioner contended before us that under section 36 read with the proviso failure to call meetings in a financial year only can result in disqualification and an omission of not calling meetings for some months will not amount to failure to convene meetings of the panchayat in a financial year. According to Shri Phadkar in the present case the petitioner had not called meetings for about 10 months which period is spread over in two financial years and therefore it can not be said that no meeting was called in a financial year as contemplated by the proviso to section 36 of the Act, and therefore, the order passed by the Collector is wholly illegal.

5. It is not possible for us to accept this contention. It is not necessary to deal with this aspect of the matter in detail in view of the Division; Bench decision of this Court in Special Civil Application No. 2274 of 1965 with Special Civil Application No.11 of 1966 decided on 13th June 1966. The Division Bench of this Court consisting of K.K. Desai and Chandrachud JJ. after making a detailed reference to section 36 as well as rules framed thereunder has held as under:

“Now, it is clear on a reading of Rule 3 that it casts compulsory obligation in connection with holding of at least one meeting of the panchayat in every month. This provision indicates and appears to have been made because the due administration of the affairs of a village panchayat needs that it should be duly looked after and attended to by a meeting of the panchayat once in every month. The meeting of the panchayat under the above rule could be convened only by "the Sarpanch" and in his absence by "the Up-Sarpanch". The obligation under the rule could, therefore, be carried out and completed only by the action of convening the meeting of the panchayat that must be taken by "the Sarpanch" and in his absence by "the Up-Sarpanch". The phrase "according to the rules prescribed in that behalf", as contained in the proviso to section 36 has clear reference to the obligation created for holding one meeting of the panchayat every month as contained in rule 3. In our vie