BALAJI TULSIRAM CHAUDHARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition, the petitioner is challenging the order passed by the Additional Collector, Gadchiroli, as also the order passed by the Additional Commissioner, in the proceedings arising out of Bombay Village Panchayats Act, 1958 (hereinafter, for the sake of brevity, referred to as the Act ).

(2.) UNDISPUTED facts, giving rise to the petition, are that: On notice moving for no confidence motion against Shri B. T. Choudhari of Village Mohazari, was move by one Shri Bodhaji Nikhure and some other members of the Gram Panchayat. The notice was presented to the Tahsildar, Armori, who, as per law, convened special meeting of the panchayat for consideration of the no confidence motion on 13-11-1997. It was presided over by the Tahsildar. Both the Sarpanch and Up-Sarpanch and other members participated in the meeting and when the motion was put to vote, the Tahsildar ruled that motion was defeated or failed. He ruled accordingly that the motion for no confidence was not carried by sufficient number of votes, as required by law.

(3.) AN appeal under section 35 (3-B) of the Act was, therefore, filed before the Additional Collector, Gadchiroli, by the mover of no confidence motion, i. e. Shri Bodhaji. This appeal was decided by the Additional Collector on 25th November, 1997 and was allowed, holding that the no confidence motion was carried and declaring the office of Sarpanch as vacant.