SANTOSH Vs. ZILLA PARISHAD AMRAVATI

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally with consent of Shri Dharmadhikari, learned Senior Counsel assisted by Shri Kilor, learned Counsel for the petitioner, Shri Kasat, learned Counsel for the respondent nos. 1 and 3, Shri Ghare, learned Counsel for the respondent no.2, and Shri Manohar, learned Counsel for the respondent no.4.

(2.) The petitioner being aggrieved by the notice of meeting dated 17/2/2011 issued by the respondent no.2 President, Zilla Parishad, Amravati whereby special meeting of Zilla Parishad was convened on 28/2/2011 to consider the subject, i.e. change in the Subject Committees currently with the Chairmen of the Subject Committees, has preferred this petition.

(3.) Shri Dharmadhikari, learned Senior Counsel for the petitioner, has submitted that the petitioner was elected as Councillor of Zilla Parishad, Amravati in March 2007 for the term of five years. The term of the office of the President, Vice President and Chairman of Subject Committees is two and half years. The petitioner was elected as Chairman of Subject Committee, i.e. Finance and Construction in the meeting held on 2/12/2009. The term of the Chairman of the Subject Committee is two and half years as per provisions of Section 83(6) of the Maharashtra Zilla Parishads and Panchayat Samities Act, 1961 (for the sake of brevity, hereinafter referred to as the Act of 1961 ) since it is co-terminus with term of the Office of the President and Vice President as stipulated in Section 43 of the Act of 1961. It is submitted that once the Chairman of Subject Committee is elected under Section 83 of the Act of 1961, no change is permissible till he completes the term of two and half years as provided in Section 83(6) of the Act of 1961.