SHAMSUNDAR Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) Both these writ petitions are filed challenging the judgment and order passed by the Divisional Commissioner, Aurangabad, dated 23 rd December, 2011, in Appeal/CR/115/2011, in which respondent Nos. 4 and 5 were the appellants. Respondent Nos. 4 and 5 are Sarpanch and UpSarpanch of Gram Panchayat of village Digras (Kh), Taluka Sailu, District Parbhani. The petitioners moved a common requisition notice for passing 'NoConfidence Motion' against respondent Nos. 4 and 5. Learned Divisional Commissioner held that such common notice was illegal, and so, while allowing the appeal, he set aside the resolution passed by the petitioners in the meeting.

(2.) The only point that the learned counsel for the petitioners raised is that Rule 2 (1) of the Bombay Village Panchayats Sarpanch and UpSarpanch (No Confidence Motion) Rules, 1975, is directory and not mandatory.

(3.) Rule 2 of said Rules reads as under: