AMRAPALI SAKHARAM KAMBLE Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This petition is filed by the Sarpanch of Mhasrang Gram Panchayat to challenge the order of approval of the No-Confidence motion passed against her.

(2.) The petitioner and respondent nos. 4 to 10 were elected as members of the Mhasrang Gram Panchayat on 18 th January 2021. The petitioner got elected as Sarpanch from amongst the members on 26/2/2021. It is the case of the members of the Gram Panchayat that the petitioner has remained absent from all the meetings since October 2022. The petitioner had filed an application seeking leave of absence from 23/12/2022 to 6/1/2023 on account of the ill health of her son, who was receiving treatment in Mumbai. The petitioner's leave of absence was approved by the Gram Panchayat on 26 th December 2022. The petitioner filed another leave application on 24 th February 2023, seeking leave of absence on similar grounds from 24 th February 2023 to 20/3/2023.

(3.) Respondent nos. 4 to 10 contended that: (i) the petitioner's application for leave of absence from 24 th February 2023 to 20/3/2023 was rejected in the meeting held on 25 th February 2023, (ii) a requisition for passing a No-Confidence motion against the petitioner was moved by them on 27 th February 2023 before the learned Tahsildar, (iii) notice under Sec. 35 of the Maharashtra Village Panchayat Act, 1958 ("the said Act") was served upon the petitioner by the learned Tahsildar intimating her that the meeting for deciding requisition for No-Confidence motion would be held on 3 rd March 2023 at 2.00 pm, (iv) on 3/3/2023, the petitioner filed her written submission through her father-in-law in the meeting convened for deciding requisition for No-Confidence motion, (v) the learned Tahsildar conducted the meeting on 3/3/2023 and No-Confidence motion was passed unanimously by seven out of nine members present in the meeting.