Dayaram S/O. Tukaram Agashe And ... vs The Honble Minister Rural ...
2017 Latest Caselaw 7427 Bom

 Judgment                                           1                                wp3894.16.odt




                  
                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                               NAGPUR BENCH, NAGPUR.


                            WRIT PETITION NO. 3894 OF 201 6
                                                            


 1.    Dayaram S/o.Tukaram Agashe,
       Aged about 51 years, Occ.: Agriculturist, 

 2.    Smt. Saraswatabai W/o.Prabhulalji
       Lolhare, Aged about 45 years, 
       Occ.: Household. 

 3.    Smt. Sangitabai W/o.Ajay Choudhari,
       Aged about 35 years, Occ.: Household,

 4.    Smt. Kamlabai W/o.Bhaulal Shende,
       Aged about 60 years, Occ.: Household

 5.    Smt. Ushabai W/o. Suresh Dhule, 
       Aged about 50 years, Occ.: Household.

       All residents of Murdada, Tah. and 
       District : Gondia. 
                                                                      ....  PETITIONERS.
                                     //  VERSUS //

 1. The Hon'ble Minister, 
    Rural Development Department, 
    Government of Maharashtra,
    Mantralaya, Mumbai. 

 2. Deputy Commissioner (Rehabilitation)
    Old Secretariate Building, Civil Lines,
    Nagpur. 

 3. Parmanand S/o. Bhaulal Upwanshi,
    Member, Gram Panchayat, Murdada,
    Tah. and District : Gondia. 

 4. Gram Panchayat, Murdada, 
    Through its Secretary, Murdada,
    Tah. and District : Gondia. 
                                                                     .... RESPONDENT
                                                                                   S
                                                                                     . 


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  ___________________________________________________________________
 Shri I.N.Choudhari, Advocate for Petitioners.
 Shri A.R.Chutke, A.G.P. for Respondent Nos.1 & 2. 
 Shri U.J.Deshpande, Advocate for Respondent No.3.  
 ___________________________________________________________________


                              CORAM : 
                                         S.C.GUPTE
                                                   , J.

DATED :

SEPTEMBER 21 , 201

.

ORAL JUDGMENT :

1. Heard learned counsel for the parties.

2. The petition challenges an appellate order passed by the

Hon'ble Minister of State for Rural Development, Government of

Maharashtra. The subject matter of appeal was an order passed by Deputy

Commissioner, Nagpur Division in an inquiry under Section 39(1) of the

Maharashtra Village Panchayats Act, 1958 for removal of members of Gram

panchayat. By an order dated 29th October, 2015 the Deputy Commissioner

ordered removal of the petitioners as members of the Gram Panchyat. The

petitioners preferred an appeal before the Hon'ble Minister at a preliminary

hearing, the Hon'ble Minister stayed the impugned order passed by the

Deputy Commissioner. The appeal was posted for hearing on 18 th May, 2016.

It is the grievance of the petitioner that the notice of this hearing was issued

on 16th May, 2013 and the notice was received by the petitioners on 17 th May,

2016. It is their grievance that after receipt of the notice they made efforts to

Judgment 3 wp3894.16.odt

get railway reservation for Mumbai to attend the hearing but could not

manage to get any reservation and as a result unable to attend the hearing

before the Hon'ble Minister. It is apparent from the impugned order passed

by the Hon'ble Minister that the petitioners were not heard when the appeal

was finally heard by the Hon'ble Minister.

3. The grievance made by the petitioners in this behalf appears to

be genuine. For hearing fixed on 18th May, 2016 notice cannot be issued on

16th May, 2016, that too to the address of the petitioners who are either

agriculturists or householders based in Murdada, Tahsil and District : Gondia

for hearing to be held in Mumbai on 18th May, 2016. The petitioners'

complaint that they could not get railway reservation and as a result could

not attend hearing also appears to be believable. Any way, there is nothing

to suggest anything otherwise. In the premises, the impugned order, passed

without following principles of natural justice, needs be set aside and the

matter needs to be remanded back to the Hon'ble Minister for fresh hearing

in accordance with law.

4. In the premises, Rule is made absolute by quashing and setting

aside impugned order dated 25th May, 2016 and remanding Appeal No. VPM

2015/Case No.116/PR-6 to the Hon'ble Minister of State, Rural Development

Department for fresh hearing in accordance with law after due notice to all

the parties.

Judgment 4 wp3894.16.odt

5. Both parties shall appear before the Hon'ble Minister on 25th

September, 2017 at 11.00 a.m. with authenticated copy of this order.

6. It is also made clear that till the Hon'ble Minister hears and

decides the appeal, the elections to the post of members of Gram Panchayat

shall not be held. In the circumstances of the case, the parties to bear their

own costs.

JUDGE

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