SOW. MANJUSHATAI BALAJI SHETE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Three persons are Petitioners before us, who are the elected members of the Grampanchayat Jambhala, Tq. Hadgaon Dist. Nanded. Respondent No.8 is the former Sarpanch of the said village, who suffered no confidence motion on 7/11/2023 by 3/4th majority. She was ousted. Thereafter, the post of Sarpanch has been put up for election scheduled on 14/12/2023. The post is reserved for 'Scheduled Caste woman category'. Respondent No.8 is the only Scheduled Caste woman, amongst all the elected members of the Grampanchayat. This Petition has been filed by the Petitioners on an apprehension that she would again contest on 14/12/2023 and being the sole Scheduled Caste Woman candidate, she would be again elected as a Sarpanch, unopposed.

(2.) The Petitioners submit that when Respondent No.8 Sarpanch was ousted by a no confidence motion, it would be unbecoming on her part to re-contest the election and under fortuitous circumstances, she would be surely elected, if she contests, as she is the only 'Scheduled Caste woman' elected member of the Grampanchayat. Reliance is placed upon the judgment of the learned Single Judge of the Punjab and Haryana High Court in Sukhwant Singh Vs. State of Punjab and others, 2013 (5) Law Herald 4067.

(3.) Sec. 35 of the Maharashtra Village Panchayats Act, 1959 (for short, Maharashtra Act) reads as under: 35. Motion of no confidence. - (1) A motion of no confidence may be moved by not less than [two third] of the total number of the members who are for the time being entitled to sit and vote at any meeting of the panchayat against the Sarpanch or the Upa-Sarpanch after giving such notice thereof to the Tahsildar as may be prescribed. [Such notice once given shall not be withdrawn.]