SOW.SUREKHA HANUMANT BANKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. By consent, heard finally at admission stage.

(2.) By this writ petition, the petitioner is challenging the no confidence motion passed against him. The petitioner is directly elected Sarpanch in terms of the provisions of Section 30A-1A of the Maharashtra Village Panchayat Act 1958 (hereinafter for the sake of brevity referred to as the "Village Panchayat Act") in the general elections of the Gram Panchayat held on 17.10.2017. The respondent Nos. 4 to 13 herein have moved the motion of no confidence against the petitioner after giving requisite notice dated 13.10.2020 thereof to the Tahsildar. Consequently, the respondent Tahsildar has convened a special meeting of the Panchayat for considering the motion of no confidence. On 19.10.2020 no confidence motion was passed in the special meeting against the petitioner and the said motion was carried out by the majority of the members as prescribed under Section 35 of the Village Panchayat Act.

(3.) In terms of the provisions of Section 35 sub-section 3(B) of the Village Panchayat Act the petitioner has challenged the validity of the said no confidence motion before the respondent No.2 Collector. By order dated 31.12.2020 the Collector, Osmanabad upheld the no confidence motion carried out against the petitioner by giving direction to hold the special meeting of the Gram Sabha to ratify the said no confidence motion.