AIR 1982 BOMBAY 295 ::(1981) 83 Bom LR 448 ::1981 Mah LJ 815

Bombay High Court

Hon'ble Judge(s): Dharmadhikari, Bhonsale , JJ

(A) Bombay Village Panchayats Act (3 of 1959) , S.36 Proviso— Disqualification of Sarpanch - Failure of Sarpanch to hold meetings for some months - He is liable to be disqualified. Decision in Spl. Civil Appln. Nos.2274 of 1965 and 11 of 1966, D/-13-6-66 (Bom), Rel. on. (Para 6) (B) Bombay Village Panchayats Act (3 of 1959) , S.36, S.39— Order of disqualification - Whether amounts to removal - Sarpanch not convening meetings for some months asked to show cause why he should not be disqualified - Finding by Collector that explanation given did not constitute sufficient cause for not convening meetings - Held, order of disqualification passed in pursuance of such finding did not amount to removal but merely to a declaration of disqualification. The disqualification from continuing as a Sarpanch for not convening the meeting of the panchayat as per the rules without a sufficient cause is automatic. The matter as to whether the disqualification has been incurred, if in doubt or dispute or whether there was sufficient cause for failure to convene the meeting without sufficient cause, then such a question has to be decided or adjudged by the Collector. This declaration cannot be equated with the removal of Sarpanch under Section 39 of the A....