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Judgment
Sudhanshu Dhulia, J.
The petitioner before this Court is a Vice Chairman of “Zila Panchayat, Chamoliâ€. He has filed the writ petition before this Court on ground
that respondent no. 7, who was the Chairman of the “Zila Panchayat, Chamoliâ€, has now been elected as a Member of Legislative Assembly and
now being elected as a Member of Legislative Assembly, she cannot function as a Chairman of Zila Panchayat, and the post of Chairman being
vacant the petitioner being the Vice Chairman must occupy it now.
Various provisions of Uttarakhand Panchyati Raj Act, 2016 have been shown to this Court such as Section 99 and 103 and it has been argued that
being a Member of Legislative Assembly, respondent no. 7 is also an ex officio member of Zila Panchayat, Chamoli and therefore she cannot function
both in the capacity of ex officio member as well as the Chairman.
According to the petitioner, after respondent no. 7 was elected as a Member of Legislative Assembly, the office of Chairman, Zila Panchayat will
be deemed to be vacant and therefore the petitioner is entitled to be given the charge of the Chairman. Petitioner has placed reliance on Section 99
and Section 103 of the Uttarakhand Panchayati Raj Act, 2016.
4 Section 99 and Section 103 of the Uttarakhand Panchayati Raj, Act 2016 read as under:-
“99. Arrangement of Kshettra Panchayat. When the Chairman is unable to discharge his functions owing to absence, illness or any other cause,
and the office of Vice chairman are vacant, or when the Vice Chairman, if any, acting under the provisions of this Act, during a vacancy in the office
of Pramukh is unable to discharge his functions owing to absence, illness or any other cause, the State Government by order, make such arrangement,
as he thinks fit, for the discharge of the functions of the Chairman, until the date on which the Pramukh or Vice Chairman, as the case may resume
his duties.â€
* * *
Meetings of Zila Panchayat â€" (1)
(a) A Zila Panchayat shall meet for the transaction of business at least once in every two months.
(b) The Chairman or in his absence, the Vice Chairman may convene a meeting of the Zila Panchayat whenever he thinks fit and shall, upon a
requisition made in writing by not less than one-fifth of the members of Zila Panchayat and served on the Chairman or sent by registered post
acknowledgment due, addressed to the Zila Panchayat at its office, convene a meeting of the Zila Panchayat within a period of one month from the
date of the service or receipt of such requisition.
(c) A meeting may be adjourned until the next or any subsequent day, and an adjourned meeting may be further joined in like manner.
(d) Every meeting shall be held at the office of the Zila Panchayat or at some other convenient place of which notice has been duly given.
(e) The quorum for the meeting of Zila Panchayat shall be one third of elected members. For any adjourned meeting the quorum shall be one third but
on incomplete quorum of meeting also in second time than the quorum for next meeting shall be one fifth;
Provided that for convened meeting agenda shall be as it is;
Provided further that in case of necessity the special meeting of the Zila Panchayats may be conducted.
(2) Procedure of etc. meetings of the Zila Panchayat-
The following matters relating to meetings of Zila Panchayat shall be governed by rules:-
(a) transaction of business at the meeting;
(b) quorum for transaction of business;
(c) presiding over the meeting in the absence of Chairman and the Vice Chairman;
(d) asking of questions by members;
(e) notice of meeting;
(f) maintaining the order at the meeting;
(g) decision by vote;
(h) minute book and resolutions;
(i) right of government servants, persons authorized by the State Government and other persons to attend and take part in discussions:
(j) right of Zila Panchayt to require attendance of servants of the State Government to attend its meetings;
(k) right of officers of the Zila Panchayt in regard to meetings;
(l) right of the Zila Panchayat to require reports, returns, etc. from the Kshettra Panchayat Secretary, Block Development Officer and Chief Officer;
and
(m) other incidental matters which need or ought to be prescribed.
(3) The Zila Panchayat may require the Chairman or the Chief Officer may require the produce of any of its meetings-
(a) any return, statement, estimate, statistics or other information regarding any matter pertaining to the administration of the Zila Panchayat as the
case may be;
(b) a repot or explanation of any sub-committee; and
(c) any report, correspondence or plan or other document or a copy thereof which is in his possession or control as Chairman, Kshettra Panchayat
secretary, block development officer and Chief Officer or which is recorded or filed in the office of the Zila Panchayat or of any servant of the Zila
Panchayat, as the case may be.
(4) entitle a Kshettra Panchayat or Zila Panchayat to exercise within the limits of any Nagar Mahapalika, municipality, notified area, cantonment or
town area any authority which is vested in the Nagar Mahapalika, municipal board, notified area committee, cantonment board, District Magistrate,
any other magistrate or town area committee, as the case may be, provided that the Zila Panchayat may nevertheless-
(a) construct, maintain and control any school, library, hospital, dispensary, poor house, asylum, orphanage, inspection house or other building or
institution within the aforesaid limits which is not maintained exclusively for the benefit of persons residing within the aforesaid limits, and
(b) do anything within the aforesaid limits the doing of which is necessary for the efficient discharge of its functions under this Act.â€
A conjoint reading to both the provisions shows that in an eventuality when the Chairman is unable to discharge his functions owing to absence,
illness or any other cause, the charge of the Chairman will be given to the Vice Chairman.
The issue as to whether respondent no. 7 has held an “office of profit†has not been argued before this Court and therefore, this Court is not
entering into the merits of this aspect.
Initially this Court was informed that respondent no. 7 as a Member of Legislative Assembly was holding the post of Chairman and today, the
learned Advocate General has apprised this Court that respondent no. 7 has resigned from the post of Chairman, on 26.09.2018. A letter to this effect
which is addressed to the Secretary, Panchayati Raj has also been shown, which is made a part of record.
In view of this new development, there is absolutely no dispute regarding the fact that the office of Chairman of Zila Panchayat, Chamoli has now
become vacant. Now in view of Section 99 read with Section 103 of the Uttarakhand Panchayati Raj Act, 2016, the charge of the office of Chairman
be given to the petitioner forthwith. This, however, will not restrict the State Government or the Election Commission to hold fresh election in
accordance with law to the post of Chairman, particularly in view of the fact that this Court has been apprised that the post of Chairman, Zila
Panchayat, Chamoli is reserved for Scheduled Caste Woman and the petitioner does not fall in that category.
With the directions as aforesaid, writ petition stands disposed.