ASHRUBA NAMDEO KHARMATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioner is a directly elected Sarpanch of the Gram Panchayat, Bavi, Tal. Shirur Kasar, Dist. Beed. No confidence motion is passed against him by the members of the Gram Panchayat.

(2.) The petitioner by filing the present writ petition has assailed the vires of Sec. 35 (1A) of the Maharashtra Village Gram Panchayat Act, 1959 (in short 'Village Panchayat Act') to the extent of giving authority to the members of the Gram Panchayat to move no confidence motion against directly elected Sarpanch.

(3.) Mr Thombre, the learned counsel for the petitioner submits that pursuant to Sec. 30A (1A) of the Village Gram Panchayat Act, the petitioner is elected as a Sarpanch by persons whose names are included in the list of voters for the Gram Panchayat, Bavi. The petitioner is not elected by the members of the Gram Panchayat, but by the villagers. As the petitioner is elected by the villagers and not by the members of the Gram Panchayat, the members of the Gram Panchayat cannot exercise powers to move a motion of no confidence against him. According to the learned counsel, it is only people, who elect would have power to move motion of no confidence. The same would be necessary so that the Sarpanch is allowed to function without the interference of the persons, who enjoy political patronage of the various political parties.