SHAILESH Vs. COLLECTOR, BHANDARA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) Challenge raised in the present writ petition is to the motion of noconfidence dtd. 26/12/2022 that has been moved against the petitioner who was holding the post of Vice-President at Nagar Panchayat, Mohadi. The said motion is challenged as being contrary to the provisions of Sec. 55-1A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for short, the Act of 1965).

(3.) Nagar Panchayat, Mohadi comprises of 19 Councillors of which 17 are elected and 2 are nominated. In the First General Body Meeting of the Nagar Panchayat, Mohadi, the petitioner was elected as its Vice-President on 19/1/2022. 9 elected Councillors not being satisfied with the discharge of functions as VicePresident moved a requisition on 20/12/2022 against the petitioner proposing to move a motion of no-confidence against him. On 21/12/2022 the President of the Municipal Council convened a special meeting on 26/12/2022 for considering the requisition. In the special meeting held on 26/12/2022 a motion of no-confidence came to be moved. 12 Councillors voted in favour of the motion while 5 opposed the same. Since the motion was supported by two-thirds of the Councillors entitled to vote, it was declared that the petitioner had lost the confidence of the Councillors and hence was liable to be removed under Sec. 55-1A of the Act of 1965. Being aggrieved, the petitioner has challenged the said motion.