LAWS(SC)-2024-2-7

SUDHIR VILAS KALEL Vs. BAPU RAJARAM KALEL

Decided On February 07, 2024
Sudhir Vilas Kalel Appellant
V/S
Bapu Rajaram Kalel Respondents

JUDGEMENT

(1.) Leave Granted.

(2.) The 'war' in this case is over the validity of a No Confidence Motion against Appellant No. 2 - Sushila Sitaram Kalel, the Sarpanch (Village head) of Jambulani Gram Panchayat. However, there is a 'battle' within, which entirely determines the result of the war. It is on the validity of the membership of Appellant No. 1 - Sudhir Vilas Kalel in the Panchayat. A Motion of No Confidence is to be carried by not less than three-fourth of the total number of members who are entitled, to 'sit' and 'vote'. If the Appellant No. 1 was entitled to 'Sit' as a member on 19/6/2023, then the No Confidence Motion against Appellant No.2 cannot 'Stand', to deploy a Denningesque phrase. The High Court has found against the appellants. Aggrieved, they are before us in appeal.

(3.) Was the Appellant No.1, in law, a member of the Panchayat, entitling him to vote, is the question that arises for consideration in this case. Is the Appellant No. 1 covered by the protective umbrella under Ss. 3 and 4 of the Maharashtra Temporary Extension of Period for Submitting Validity Certificate (for certain elections to Village Panchayats, Zilla Parishads and Panchayat Samitis) Act, 2023 [hereinafter referred to as the "Temporary Extension Act, 2023"]? If the answer is in the affirmative, the election of the Appellant No. 1 as a reserved Member in the election of the Gram Panchayat of Village Jambulani would stand validated. Consequently, the No Confidence Motion expressing No Confidence in the Appellant No. 2 - Sushila Sitaram Kalel (the Sarpanch) would also stand nullified. If Appellant No. 1 is held not to be entitled to the benefit of Sec. 3 of the Temporary Extension Act, 2023, then he would be deemed to have vacated his seat and consequently, the No Confidence Motion would stand carried. For a fuller understanding, the background facts and the statutory regime need to be set out in some detail. Brief facts and the Legislative Regime: