SHAIKH SALIM PASHA KHAJA PASHA Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Both the petitions involve common question of law, as such are decided together.

(2.) In Writ Petition No. 7293/2011, the petitioner is a Sarpanch of Neknur Gram Panchayat. The respondent Nos. 4 to 18 of the said petition moved a motion of no confidence against the petitioner. Pursuant thereof the Tahsildar Beed called for special meeting of the members of the Gram Panchayat, Neknur. The motion of no confidence against the petitioner was passed in the said meeting held on 16.06.2011. The said gram panchayat consists of seventeen members. Fifteen members voted in favour of motion of no confidence. The no confidence motion was passed by more than two-third majority. The petitioner approached the Additional Collector, Beed. The Additional Collector rejected the application filed by the petitioner against the said no confidence motion. Against the said judgment the petitioner filed an appeal before the Divisional Commissioner, Aurangabad. The Divisional Commissioner, Aurangabad confirmed the said judgment of the Additional Collector and dismissed the appeal. The petitioner has assailed the said orders in the present petition.

(3.) Shri N. L. Jadhav, the learned counsel for the petitioner in Writ Petition No. 7293/2011 and Shri Yuvraj Kakade, the learned counsel for the petitioner in Writ Petition No. 7474/2011 with all their persuasive skill put forth following propositions :