Gujarat High Court
Judgename :A.M.AHMADI
SHETH KANTILAL CHUNILAL - Appellant
Versus
MODASA NAGAR PANCHAYAT - Respondent
S.CRI.A. 2099 of 1981
Decided On : 12/02/1982
Gujarat Panchayats Act 1961 - Section 82 – Constitution of India, 1950 - Gujarat Gram and Nagar Panchayat (Procedure) Rules 1963 - Rule 51 - Election - Cancellation of Committee meetings - Petitioners are members of said first meeting of was held on election of its Chairman and Vice Chairman - Respondent was elected Chairman of said election The next meeting was for constitution of statutory as well as other Committees - At said meeting statutory Committees namely Executive Committee as well as Social Justice Committee and few other Committees were constituted - On very same day issued a circular calling meetings of Committees so constituted for election of their Chairman on It appears that in meantime on some of members of various Committees so constituted submitted their resignations - On same day that is respondent cancelled meetings of Committees called case of petitioners is that after they learnt about cancellation of meetings petitioner and another member met respondent to find out why Committee meetings were cancelled It is their case that respondent – Held, The learned Judge made the following observations which are of relevance President is office bearer elected by councilors for a smooth efficient and orderly functioning of democratic institution for local self Government - He is merely arm of body and no more - He has no over reaching or inherent powers - In matter of a statutory general meeting all that he has to do is to convene meeting - Saving done so future course of action has to be decided upon by for acting as a body constitute the collective conscience of democratic institution in whom the electorate has reposed its trust - Councilors collectively have to discharge their public duties and to honor their commitment to electorate Can they be prevented from discharging their functions by simple expedient of cancelling meeting once convened from time to time as per pleasure humor of president Would it not tantamount to trifling with collective representatives of town making a mockery of their functions and reducing their status to that of chess pieces for being played with by president – Petition allowed.
( 1 ) THE election to the Modasa Nagar Panchayat was held on. 10/04/1981. The petitioners are members of the said Panchayat The first meeting of the Panchayat was held on 18th April 1981 for the election of its Chairman and Vice Chairman. The respondent No 2 was elected the Chairman of the said Panchayat at the said election The next meeting of the Panchayat was held on 18/05/1981 for the constitution of the statutory as well as other Committees of the Panchayat. At the said meeting the statutory Committees namely the Executive Committee as well as the Social Justice Committee and few other Committees were constituted. On the very same day respo ndent No. 2 issued a circular calling the meetings of the Committees so constituted for the election of their Chairman on 22/05/1981 It appears that in the meantime on 19/ 20/05/1981 some of the members of the various Committees so constituted submitted their resignations. On the same day that is 20/05/1981 respondent No 2 cancelled the meetings of the Committees called on 22/05/1981 The case of the petitioners is that after they learnt about the concellation of the meetings petitioner No. 1 and another member met respondent No. 2 to find out why the Committee meetings were cancelled It is their case that respondent No. 2 did not give a satisfactory reply for the cancellation of the Committee meetings but merely stated that the reason was stated in the circular cancelling the said meetings. It may be mentioned that the reason assigned by respondent No. 2 in the circular. Annexure A to the petition for the cancellation of the Committee meetings was some unavoidable reasons. Since respondent No. 2 did not elaborate some members submitted a Memorandum to him on 26/05/1981 complaining about the arbitrary manner in which the Committee meetings were cancelled for no good reason. On the same day they also issued a circular in the form of Annexure C to the petition convening the Committee meetings on 30/05/1981. They also wrote a letter to the Secretary of the Panchayat on the same day Annexure D to the petition requesting him to remain present at the said Committee meetings for recording its minutes. A copy of this letter was forwarded to respondent No. 2 for information. Respondent No. 2 thereafter wrote a letter on 27/05/1981. Annexure E to the petition stating that the reason for the cancellation of the Committee meetings which were proposed to be held on 22/05/1981 had been stated in the notice of cancellation and that the Committee meetings which were called on 30/05/1981 were illegal in that under Rule 51 of the Gujarat Gram and Nagar Panchayat (Procedure) Rules 1963 (hereinafter called the Rules) only the Chairman of the Panchayat was entitled to convene the first meetings of the Committees constituted under sec. 82 of the Gujarat Panchayats Act 1961 (herein after called the Act ). A postscript was added to that letter Annexure E addressed to the Secretary of the Panchayat instructing him to forbear from recording the minutes of the Committee meetings as the said meetings were inconsistent with the provisions of the Act. On receipt of this letter from respondent No. 2 a few members of the various Committees wrote to him on 30/05/1981. Annexure F stating inter alia that they would have no objection if he chaired the meetings of the various Committees to be held on that day. They also complained in that letter that the instruction to the Secretary of the Panchayat not to record the minutes of the meetings was contrary to law. After the receipt of that letter on that very day the Committee meetings were held as proposed and were attended by all the members of the various Committees. Annexure G to the petition is a copy of the minutes of the meeting of the Executive Committee held on that day for the election of its Chairman. Similar minutes in respect of the election of the Chairman of other Committees were also prepared and were forwarded to respondent No. 2 for being ent
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