SATYABHAMA Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) Leave to add Grampanchayat Sawana, Tah. Chikli, Dist. Buldhana and Election Officer, as party respondents.

(2.) Mr. R.V. Gahilot, learned counsel appears for the respondent Nos.3 to 11 and seeks time. The petition questions the order dtd. 19/7/2023, passed by the respondent No.1, whereby the petitioner has been removed on account of no confidence motion said to have been passed by 10 out of 13 members of the Grampanchayat Sawana, Tah. Chikli, Dist. Buldhana. By inviting my attention to Rule 2-B of the Bombay Village Panchayats Sarpancha and Up- Sarpancha (No Confidence Motion) Rules, 1975, it is contended, that the notice of no confidence has to be served upon the person against whom no confidence is brought or the service has to be effected in the manner as indicated therein, however, though it was an admitted position, that the petitioner was residing in Grampanchayat House No.1374, the affixation of the notice has not been on the outer door of this house, but on the outer door of House No.1375. It is also contended, that there is no material on record to draw any presumption that the petitioner was residing in House No.1375. It is also contended, that the two witnesses, as contemplated by Rule 2-B of the aforesaid Rules have also not filed any affidavits on record for drawing such presumption. It is contended, that since the petitioner was a democratically elected member, any motion of no confidence strictly complied with the requirement of Rule 2-B of the aforesaid Rules, which has not been done.

(3.) Issue notice for final disposal, returnable on 7/8/2023.