ARJUN SAMBHAJI KHADE Vs. MANGAL ANKUSH KHARMATE

JUDGEMENT

(1.) RULE, made returnable forthwith. Respondents waive service. By consent, taken up for hearing and final disposal.

(2.) IN these proceedings an order passed by the Divisional Commissioner, Pune on 5th April, 2002 rejecting an appeal against an order passed by the Additional Collector, Satara on 5th October, 2001 is called into question.

(3.) A resolution of no confidence that had been passed by 8 out of 9 members of a Grampanchayat against the first respondent was set aside by the Collector and the order of the Collector has been affirmed in appeal. The order of the appellate authority has been challenged in these proceedings. The seven petitioners and the first respondent are elected members of the Village Panchayat of Enkur. Elections took place in the year 2000 and the tenure of the elected body was until 2005. The first respondent was elected as Sarpanch of the Grampanchayat. On 23rd August, 2001, 8 members of the Grampanchayat moved an application before the Tahsildar recording that they wanted to move a resolution of no confidence against the first respondent, on the ground that the first respondent had been carrying on the business of the Grampanchayat in accordance with his own whims and fancies without taking the members of the Grampanchayat into confidence and on the ground that the first respondent had been allotting work without proper resolutions. On this application, the Tahsildar by his notice dated 24th August, 2001 convened a special general meeting of the Grampanchayat on 30th August, 2001. There is no dispute about the fact that the special notice was forwarded to all the members of the Grampanchayat including the first respondent. The Application moved by the petitioners before the Tahsildar was annexed to the notice. Similarly, there is no dispute about the fact that at the meeting of the Grampanchayat that was held on 30th August, 2001, the resolution of no confidence was passed by a majority of 8:1 the sole dissenter being the first respondent.