VITTHAL RAJARAM SHITOLE Vs. COLLECTOR, PUNE

JUDGEMENT

(1.) The Petitioner was the Sarpanch of the Gram Panchayat Koregaonmul. For a time, he believed he enjoyed not just the friendship but the political support of Respondents Nos 9 to 13. But he was soon disabused of these notions for, at a meeting to consider a motion of no confidence, Respondents Nos 9 to 13 voted against the Petitioner. Had they not, they would undoubtedly have continued to be the best of friends. But since they did, the Petitioner now contends that his former friends and supporters were disqualified as members of the Gram Panchayat and could not have voted at all on that No Confidence Motion ("NCM"). If their votes are discounted, the motion of no confidence is not pass with the statutorily mandated majority and the Petitioner continues as the Sarpanch.

(2.) The entirety of the Petition therefore is, in one line, this: "with you or without you, I am the Sarpanch".

(3.) The facts are only three. The arguments are many. Elections were held to the Gram Panchayat on 15/1/2021. The results were declared on 18th January of that year, and 13 persons, including the present Petitioner, were elected to that Gram Panchayat. The Petitioner was then elected as the Sarpanch. On 15/2/2023, the Tehsildar issued a letter or a notice to all 13 members of the Gram Panchayat intimating them that a special meeting would be held to consider a No Confidence Motion filed against the Petitioner. That meeting took place on 21/2/2023. The vote at that meeting was 10:3 in favour of the NCM, i.e., 10 persons out of 13 voted for the Motion, i.e., against the Petitioner, and three against the Motion i.e., in favour of the Petitioner.