WASUDEV Vs. ADDITIONAL COLLECTOR,SKOLA

JUDGEMENT

(1.) The Writ Petition arises out of the order passed by the Additional Collector under section 35(3-B) of the Maharashtra Village Panchayats Act, 1958 (hereinafter referred to as "Act of 1958"). By the impugned order, the learned Additional Collector has allowed the application filed by the respondent No. 4 raising the dispute to the validity of the motion of no confidence passed against him. The Village Panchayat, Hiwarkhed, Tahsil Telhara, District Akola, comprises of 15 members. 06 members of the Village Panchayat had given the notice to the Tahsildar to convene the special meeting for considering the no confidence motion against the respondent No. 4. The Tahsildar convened special meeting on 27th August, 2012 in which the no confidence motion was passed by the majority of 11 : 1. The respondent No. 4 had challenged the Resolution of no confidence motion passed against him by filing application under section 35(3-B) of the Act of 1958. Amongst several grounds raised by the respondent No. 4, one of the ground was that the respondent Nos. 5 to 7 had not received the notice of the special meeting held on 27th August, 2012 and, therefore, the meeting held on 27th August, 2012 was illegal and consequently, the Resolution of no confidence motion passed in that meeting was unsustainable in law. In the proceedings before the Additional Collector, the following witnesses were examined:--

(2.) The learned Additional Collector proceeded with the matter and after considering the pleadings of the parties, the evidence and other material on the record by the order dated 27th September, 2012 dismissed the application filed by the respondent No. 4.

(3.) The respondent No. 4 had challenged the order passed by the Additional Collector in Appeal before the Additional Commissioner. The learned Additional Commissioner by the order dated 1st November, 2012 dismissed the appeal. The respondent No. 4 had challenged the orders passed by the Additional Collector and the Additional Commissioner before this Court in Writ Petition No. 5407/2012. This Court by order dated 17th December, 2012 set aside the above mentioned orders and remanded the matter to the Additional Collector to decide the application filed by the respondent No. 4 on merits in accordance with law. The learned Advocates, who appeared for the respondent No. 4 and the petitioners had requested this Court to direct the Additional Collector to proceed with the matter from the stage of final hearing and decide the same after disputed signatures of respondent Nos. 5 and 6 with their admitted signatures and this Court, accepting the submissions, made on behalf of the parties, had passed the order accordingly.