Bombay High Court
Bapurao Nagorao Gajbhare vs The State Of Maharashtra And Others on 16 January, 2019
Author: Prasanna B. Varale
Bench: Prasanna B. Varale
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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.494 OF 2019
Sanjay s/o Madhavrao Belge & anr ..PETITIONERS
VERSUS
The State of Maharashtra & ors ..RESPONDENTS
Mr Mahesh S. Deshmukh, Advocate for petitioners;
Mr A.B. Girase, Government Pleader with Mr A.R.
Kale, A.G.P. for respondents
WITH
WRIT PETITION NO.495 OF 2019
Bapurao s/o Nagorao Gajbhare ..PETITIONER
VERSUS
The State of Maharashtra & ors ..RESPONDENTS
Mr Upendra B. Bilolikar, Advocate for petitioner;
Mr A.B. Girase, Government Pleader with Mr V.S.
Badakh, A.G.P. for respondents
WITH
WRIT PETITION NO.500 OF 2019
Prakash Bhagwanrao Kalyankar ..PETITIONER
VERSUS
The State of Maharashtra & ors ..RESPONDENTS
Mr Sachin S. Deshmukh, Advocate for petitioner;
Mr A.G. Girase, Government Pleader with Mr K.N.
Lokhande, A.G.P. for respondents
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CORAM : PRASANNA B. VARALE
AND
S.M.GAVHANE, JJ.
DATE : 16th JANUARY, 2019
ORAL ORDER :
Heard Mr. Mahesh Deshmukh, Mr. Upendra Bilolikar and Mr. Sachin Deshmukh, learned Counsel appearing for the petitioners in Writ Petition Nos. 494 of 2019, 495 of 2019 and 500 of 2019, respectively.
2. As all these petitions are raising an identical issue, these petitions are taken up together for admission.
3. The petitioners are elected members of Zilla Parishad, Nanded and also elected members of the District Planning Committee. ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 :::
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4. Our attention was invited to the provisions of the constitution of Committees and activities of the committees under the Maharashtra District Planning Committees (Constitution and Functions) Act, 1998 (for short, 'Act of 1998). It may not be necessary for us at this stage to refer to these provisions in detail, suffice it to say that as per Section 3 (III) of the Act of 1998, a reference is made to the elected members of the District Planning Committee.
5. Then there are provisions of the Maharashtra District Planning Committees (Conduct of Meetings) Rules, 1999. The relevant rules for our purposes, pre-amendment are as follows ; i.e. rules 10 and 11.
10. Maintaining of orders at Committee's meeting.- The Chairperson shall preserve order at a meeting and shall have all powers necessary for the purpose of enforcing his decision. The Chairperson may direct any member who refuses to obey his decision or whose conduct is, in his ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (4) opinion, grossly disorderly, to withdraw immediately from the meeting and any member so ordered to withdraw shall do so forthwith and shall absent himself during the reminder of the day's meeting.
11. Procedure for preparation of draft development plan.- (1) The Member-
Secretary shall place before the
Committee the plans received from
Constituent Local Bodies of the Committee for their consideration. After consideration, these plans shall be prepared by the Member-Secretary for the District as a whole;
(2) While preparing such plans the Committee shall adhere to the guidelines issued by the State Government in the matter of extent and size of the financial allocations, inter sectoral priorities, provision of funds for the committed schemes, External Aided Schemes and Special Programmes on which the Government has laid emphasis such as Minimum Needs Programme, 20 Point Programme, etc. ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (5) (3) The final draft development plan shall be again placed before the Committee for its approval before sending it to State Government.
6. Then there is an amendment to Rule 10 and Rule 10 is subjected to amendment and in the present situation, Rule 10 reflected as follows :
In rule 10 of the principal rules, after the words "days' meeting" at the end, the following portion shall be added, namely:-
"The Chairperson, upon being satisfied that his directions to withdraw from the meeting forthwith has been in subordinated by any member, he shall direct the Member-Secretary to submit a report for consideration of State Government recommending revocation of appointment of concerned Nominated Member or debarment of concerned Special ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (6) Invitees or suspension of concerned Elected Member from attending meetings of District Planning Committee for a period of up to one year, as may be decided by the State Government;
Provided that, no such direction shall be given in respect of any Member of Parliament or Member of Maharashtra State Legislature and those officers of the State Government, who are the Special Invitees."
7. The fact that the Hon'ble Guardian Minister is a Chairperson of the planning committee is not disputed.
8. The petitioners are before this Court with submission that they are elected persons belonging to political party which is in opposition to a political party of the Hon'ble Guardian Minister. It is also submitted by learned Counsel for the ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (7) petitioners that as the petitioners are political opponents, with an object to see that they are eliminated from participation in the meeting on the subjects, which the chairperson of the meeting wanted to insist and carry out and as it was apprehended that these petitioners may now allow the chairperson to reach this object, an action is taken against them.
9. Our attention was invited to the order dated 8th January, 2019. Perusal of the said order shows that as the petitioners behaved disorderly in the meeting dated 29th October, 2018 and these petitioners failed to comply the directions of the chairperson, a report was made by the Member Secretary on the proposal of the chairperson to the State Government for initiating action against these petitioners under rule-11 of the Rules.
10. After receiving the report, the State Government passed an order and thereby these petitioners are prevented from attending the ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (8) meeting of the District Planning Committee, Nanded for a period of four months from the date of order. Then it was submitted by learned Counsel for the petitioners by inviting our attention to the documents placed on record, namely, a notice of the meeting dated 9th January, 2019 that next meeting is scheduled on 16th January, 2019 i.e. today itself and on this ground itself, an urgency is claimed in the matter.
11. Learned Counsel appearing for the petitioners, by inviting our attention to the subjects scheduled to be discussed in the meeting dated 16th January, 2019, submitted that the very first subject is granting approval to the minutes of meeting dated 29th October, 2018. Learned Counsel then submitted that it is apprehension of these petitioners that by only superficial farce it would be shown that subject No.1 is approved and thereby prevention/disqualification of these petitioners to attend the meeting for four months under order dated 8th January, 2019 would receive ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (9) seal of approval. It was also submission of learned Counsel that, as the petitioners were objecting other subjects, namely, Subject Nos. 2 and 3 in the meeting dated 29th October, 2018 itself, the intention is to keep these petitioners away from this meeting and follow directions of the Hon'ble Guardian Minister who is having his own moto.
12. On perusal of the order dated 8th January, 2019, we find that the wording in the order is of disorderly behavior of these petitioners-members and it further refers to the report of the Member Secretary. It was also submission of learned Counsel for the petitioners that no opportunity was granted to these petitioners by issuing show cause so as to submit their say to the proposed action nor there is any explanation and vaguely it is stated that the petitioners behaved disorderly in the meeting.
13. In view of these facts, we called upon learned Government Pleader yesterday i.e. 15th ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (10) January, 2019 to meet with these particular objections. Learned Government Pleader was fair enough to submit before us that for the satisfaction of this Court, he would place report of the the Member Secretary and therefore, sought time. Learned Government Pleader also made submission before us that meeting scheduled on 16 th January, 2016 i.e. today is very important for the reason that the State Level Meeting is scheduled on 17th January, 2019 in the office of the Divisional Commissioner, Aurangabad. He then submitted before us that he would place report of Member Secretary before this Court today at 11.00 a.m., as the meeting is scheduled at 12.00 noon in the Meeting Hall of the District Collector's office, Nanded and there is an extreme urgency.
14. Today, learned Government Pleader submitted report of the Member Secretary for our perusal. Learned Government Pleader also produced certain photographs. On perusal of this report and more particularly minutes of meeting dated 29th ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (11) October, 2018, it reveals that these petitioners were raising objections in the meeting and this situation was dealt in. Perusal further shows that the petitioners were having objections on certain subjects, whereas the chairperson was insisting that the members may submit their views in sequence.
15. Now, whether these factors would cover under phraseology used in the rules as 'disorderly behaviour' would be an issue for our consideration. This would require some time, as learned Counsel for the petitioners are willing to place reliance on certain judgments, whereas learned Government Pleader submits that it may not be necessary to specify the acts and word 'disorderly behaviour' in the meeting is sufficient enough to initiate action as per Rules 10 and 11.
16. An apprehension was expressed by learned Counsel for the petitioners that if in the meeting dated 16th January, 2019 i.e. today subject No.1 is ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (12) permitted to be discussed, then considering backdrop of difference of political ideologist and admitted facts that the petitioners are members of political party which is opponent in the political field to a party to which the Hon'ble Guardian Minister, a chairperson belongs and then if subject No.1 is permitted to be approved by mere farce of discussion in the meeting, the purpose of approaching this Court would not only frustrate but would be a futile exercise for these petitioners. Learned Counsel for the petitioners then submitted that even if other subjects are permitted to be discussed, it may happen that there would be no voice of residents of the area to whom these petitioners belong as local representatives of Zilla Parishad and elected members of the planning committee.
17. Considering the material placed on record and considering the Rules on the backdrop of submissions of learned Counsel for the petitioners and submission of learned Government Pleader, we ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (13) are of the opinion that the apprehension of these petitioners can be taken care of by permitting the meeting which is scheduled today at 12.00 noon to go on except discussing Subject No.1 in the meeting insofar as reference is made to the acts of the petitioners in the concluding part of the minutes of the meeting. Though learned Counsel for the petitioners raised objections for other subjects and submitted before us that in the meeting dated 29th October, 2018, the petitioners have raised objection to Subject No.3 and there would be approval to the other subjects making their objections to Subject No.3 in the earlier order dated 29th October, 2018 it is futile objection.
18. On Perusal of the minutes of the meeting dated 29th October, 2018 show in general,that the other subjects were pertaining to the works to be carried out in various area under various schemes, such as Lokshahir Anna Bhau Sathe Vasti Yojna, installation of CCTV system in Degloor town, etc. ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (14)
19. Learned Counsel for the petitioners vehemently submitted that in the minutes of the meeting, a chairperson of the meeting issued certain directions and directed the authorities to undertake the work and this is against the provisions.
20. On perusal of the minutes of the meeting and more particularly Subject No.3, we find that all these works are of public importance, such as, construction of Primary Health Centres, road development activities, public utilities and District Collector requested in the meeting that it is necessary to take early steps so as to complete these projects and for that purpose, Zilla Parishad may also issue no objection certificate.
21. Now, on the backdrop of these facts, chairperson directed the authorities to take appropriate steps to complete these activities within stipulated period. Now, if this was object and intention behind instructions given by the Hon'ble Guardian Minister/Chairperson, no fault can ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (15) be found with these instructions and objection of the petitioners would only make the situation wherein these works would be left standstill, without any progress. This certainly is not in the interest of residents of the area and it is also not the case that except these petitioners, there is no other representation in the committee. As per constitution of committee, there are also several nominated members including Representatives of People either Member of Parliament or Member of Legislative Assembly. In view of this fact, there is a representation of the area in the meeting and it is not the case that particular area is left without representation.
22. Learned Counsel for the petitioners submitted that if other subjects are discussed and any decision is taken on the subjects, decision be made subject to final outcome of these petitions.
23. Issue notice to the respondents. Learned A.G.P. waives service of notice for ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (16) respondent/State.
24. In view of above referred facts, by way of ad interim order, we permit to hold the meeting scheduled today i.e. 16th January, 2019 at 12.00 noon in the meeting hall of District Collector Office, Nanded and discuss Subject Nos. 2,3 and 4 and to take a decision. Insofar as Subject No.1, is concerned, except approval to the minutes which refer to alleged disorderly behaviour of the petitioners, the meeting may take a decision on other part of the minutes of the meeting dated 29 th October, 2018. Insofar as Subject No.5 is concerned, though we are not prohibiting to take up subject No.5, we also expect that under garb of urgent subject, subject touching to disqualification and prevention of these petitioners may not be brought as an urgent subject for discussion in the meeting.
25. As we have elaborately referred to the provisions and the issue raised in the ::: Uploaded on - 16/01/2019 ::: Downloaded on - 18/01/2019 06:39:20 ::: 494.19wp etc (17) petitions, it would be in the interest of justice and fitness of things that the petitions be posted for hearing/final disposal. We post these petitions for hearing final disposal on 31st January,2019. Parties are put on notice that on the next date, if it is convenient to this Court, these petitions may be heard and decided finally at admission stage.
26. We further make it clear that decision taken in the meeting would be subject to final outcome of the petitions.
Authenticated copy of this order be supplied to learned A.G.P. Learned A.G.P. to communicate this order to the office of the District Collector, Nanded forthwith.
( S.M.GAVHANE ) (PRASANNA B. VARALE)
JUDGE JUDGE
Tupe
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