SHESHRAO BHAURAO JADHAV Vs. COMMISSIONER AURANGABAD DIVISION AURANGABAD

JUDGEMENT

(1.) The petitioner was the Sarpanch of the Mali Wadgaon Village Panchayat. It happens to be a Group Village Panchayat of three villages, namely, Mali Wadgaon, Babhulgaon and Padalsa, named after the village of largest population. The inhabitants of the smaller two villages were dissatisfied with the working and wanted separate Village Panchayats. From 1971 onwards demands and representations were made to that effect.

(2.) Section 5 of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as "the Act") contemplates a Panchayat for each village but section 4(1) thereof authorises the Government to declare any local area or group of revenue villages as one village for this purpose and thereafter include or exclude any part of such area after consulting the (1) Panchayat concerned; and (2) the Standing Committee of the Zilla Parishad.

(3.) The then members of the Panchayat passed an unanimous resolution on 2nd September, 1975 demanding such separation. It was supported by the Standing Committee of the Zilla Parishad. The Commissioner accepted it and gave effect thereto by the four impugned notifications dated 12th July, 1979 under section 4 of the Act. Under one of them, Mali Wadgaon is declared to be a separate village while under the other Babhulgaon and Padalsa are declared to be one separate village for this purpose. Election of members of Panchayat was held afresh thereafter on 10th May, 1978 i.e. about one year before these notifications. The petitioner was elected Sarpanch thereof on 19th September, 1978. The Panchayat as constituted after election was not consulted before the impugned notifications. The Panchayat passed a contrary resolution on 18th October, 1979 against such a separation. The Sarpanch has in his individual capacity challenged these four notifications, in this petition, on the ground of there being no effective consultation as required by section 4(2) or the Act.