SHITAL GAJANAN BHISE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) Heard Mr. Deshpande, learned counsel for the petitioner, Mr. Patil, learned AGP for the respondent Nos. 1 and 2/State and Mr. Deshmukh, learned counsel for the respondent Nos. 4 to 18 on caveat.

(2.) It is contended, that on 8/3/2023, 15 out of the 17 counselors of Gram Panchayat Fulsavangi, Tahsil Mahagaon, District Yavatmal, submitted a requisition of no confidence against the present petitioner to the Tashildar/respondent No.2, whereupon notices were issued by the Tashildar to the petitioner on 9/3/2023 fixing the meeting for discussion of the non confidence motion on 14/3/2023. The meeting on 14/3/2023 on account of the majority passed a resolution of no confidence against the petitioner. In appeal there against by the petitioner by the impugned order dtd. 17/5/2023 (page 53), the appeal came to be dismissed by the Additional Collector which is the subject matter of challenge here.

(3.) Mr. Deshpande, learned counsel for the petitioner, raises two grounds, (i) the notice of the meeting dtd. 14/3/2023 was not served upon the petitioner in terms of Rule 2(2-B) of the Bombay Village Panchayats Sarpanch and Up-Sarpanch (No Confidence Motion) Rules 1975 (for short the "Rules of 1975"). Inasmuch as the endorsement made upon the notice (page 22), according to him records, that the petitioner was not present when the notice was sought to be served and states, that the notice was served upon her mother- in-law Indubai Ananda Bhise on 10/3/2023. It is contended, by relying on the property cards that the mother-in-law of the petitioner, is residing separately in house No. 951, which is adjacent to the house of the petitioner and no information regarding the notice was ever given by her to the petitioner in respect of which a ground has been raised in para 7 of the memo of appeal filed by the petitioner under Sec. 35 (3)(b) of the Maharashtra Gram Panchayats Act, 1958. It is therefore submitted, that there is no service of notice as contemplated by Rule 2 (2-B) of the Rules of 1975. The second ground is regarding the non compliance of rules of meeting applicable in that regard inasmuch as there is no proposal or seconder to the resolution of the no confidence against the petitioner. Reliance is placed upon Digambar Virbhadra Yesge and Anr. Vs. The Additional Collector & Ors., Writ Petition No. 6548/2017 decided on 2/7/2018 by the learned Single Judge of this Court.