RAMESH Vs. SHESHRAO

JUDGEMENT

(1.) Leave granted.

(2.) Sheshrao-respondent No. 1 was the Sarpanch of Gram Panchayat, Thanegaon, Tashil Karanja, District Wardha. A Motion of No Confidence was moved against him which was passed by majority of the Panchas in a meeting held on 8-3-1995. Respondent No. 1 challenged the same by raising a dispute under the Bombay Village Panchayats Act, 1958 before the Additional Collector of the District who rejected the same on 21-4-1995. Respondent No. 1 then preferred an appeal before the Divisional Commissioner which was allowed by order dated 22-1-1996 on the ground of want of a valid notice. The effect of the order was that the Motion of No Confidence was treated to be invalid. Thereafter, another Motion of No Confidence was moved by 8 out of 11 Panchas on 3-2-1996. The motion was passed by an overwhelming majority of the Panchas on 9-2-1996. Respondent No. 1 then raised a dispute before the Additional Collector who rejected the same. An appeal to the Divisional Commissioner by respondent No. 1 has been allowed by the order dated 14-8-1996. The appellant who is one of the Panchas filed a writ petition in the High Court challenging the Commissioner's order. That writ petition has been dismissed by the impugned order dated 14-10-1996. Hence, this appeal by special leave.

(3.) The point which arises for decision is to be answered with reference to sub-section (3-A) of Section 35 of the Act, which reads as under: