TATYASAHEB RAMCHANDRA KALE Vs. NAVNATH TUKARAM KAKDE

JUDGEMENT

(1.) Admitted. Taken up for hearing forthwith by consent of parties.

(2.) In an election of the village panchayat held in the year 2010, the Appellant was elected as the Sarpanch for the village Theur in Taluka Haveli, District Pune, for a period of 5 years. The Gram Panchayat has 17 members. On 5 October 2011, Respondent No. 7 along with 6 others, all of whom were members of the panchayat, moved a no confidence motion against the Appellant by giving notice under Section 35 of the Bombay Village Panchayats Act, 1958 ("the Act"). Respondent No. 14 Tahsildar disposed of the notice on the ground that the notice was not tendered in the prescribed form. Thereafter, on 7 March 2012, Respondents Nos. 1 to 13 submitted another notice to the Tahsildar. The Tahsildar convened a special meeting of the Panchayat on 12 March 2012 for discussing the no confidence motion. The meeting was attended by all 17 members of the Panchayat. 13 members voted in favour of the no confidence motion by raising their hands, and the motion was declared as passed by the Tahsildar. The Appellant challenged the decision by preferring a Dispute Application under Section 35 (3-B) of the Act before Respondent No. 16 Additional Collector, Pune. The Dispute Application was dismissed by Respondent No. 16. The Appellant, thereupon, preferred an appeal before Respondent No. 17 Divisional Commissioner, Pune. The Appeal was rejected.

(3.) We have heard Mr. Gavnekar, the learned Counsel for the Appellant, Mr. Patwardhan, the learned Counsel for Respondent No. 1 and Mr. Vagyani, the learned Additional Government Pleader for the State.