PRABHAKAR MADHAV JADHAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) THE petitioner was elected as Sarpanch of Village Grampanchayat, Sunderwadi, Tq. Omerga, Dist. Osmanabad. 1/3 of the members of the Grampanchayat issued a notice of motion of no confidence against the petitioner under sub-section (1) of section 35 of the Bombay Village Panchayat Act, 1958 (hereinafter referred to as the Act) to the Tahsildar under sub-section (2) of section 35 of the Act. Accordingly the Tahsilder convened a special meeting of the panchayat for considering the motion of no confidence against the Sarpanch on 13th November, 2001. The notice of the meeting to be held on 13th November, 2001 was despatched on the date of receipt of the requisition itself i. e. on 6th of November, 2001.

(3.) RELYING on the judgment of this Court in the case of (Mandabai Balnath Rohom and others v. Ashok Fakira Chandar and others) reported in 2002 (2) Bom. C. R. (A. B.)772 : 2002 (1) Mh. L. J. 916. It was contended by the learned Counsel for the petitioner that not only is the notice of the meeting required to be sent within 7 days but also the meeting must be convened within 7 days of the receipt of the requisition under sub-section (1) of section 35 of the Act. It was contended that since the requisition was received on 6th November, 2001 and the meeting was convened on 13th November, 2001, the meeting was convened on the 8th day and not within 7 days as provided under sub-section (2) of section 35. Sub-section (2) of section 35 of the Act reads as under :