BALIRAM Vs. ADDITIONAL COMMISSIONER AMRAVATI DIVISION

JUDGEMENT

(1.) Rule, with the consent of the parties, made returnable forthwith and heard.

(2.) The above petition filed under Articles 226 and 227 of the Constitution of India takes exception to the order dated 5/4/2011 passed by the Additional Commissioner, Amravati Division Amravati, by which the Appeal filed by the respondent no.5 herein against the order dated 17/2/2011 passed by the Additional Collector came to be allowed and resultantly the order passed by the Additional Collector came to be set aside.

(3.) The subject matter of the proceedings before the Additional Collector and the Additional Commissioner was the no confidence motion passed against the respondent no.5, who is the Sarpanch of village Bhosa, Tq.Mahagaon, Distt.Yavatmal. The requisition for holding a Special Meeting, which was to be held on 30/1/2011, was moved by five members and a notice in that respect was issued on 24/1/2011. The said Special Meeting was held on 30/1/2011 and the motion came to be passed by a majority of 5:2 against the respondent no.5. This resulted in the respondent no.5 approaching the Additional Collector by way of an application under Section 35(3 B) of the Bombay Village Panchayats Act, 1958. It was the case of the respondent no.5 that the notice in question of the said Special Meeting was not served upon him. The said ground has been specifically raised by ground No.D in the memo of Appeal before the Additional Collector. The Additional Collector by his order dated 17/2/2011 rejected the said application filed by the respondent no.5 holding that the meeting in question was held in terms of the Rules and since the motion was carried by a majority of 5:2, the respondent no.5 could not continue as Sarpanch and hence rejected the said application.