JIVAN SOMARYA THAKARE Vs. ADDITIONAL COLLECTOR AND ORS.

JUDGEMENT

(1.) The issue raised by the Petitioner in this Writ Petition for my consideration is, whether, Section 35 of the Maharashtra Village Panchayats Act mandates that each and every member of the Gram Panchayat, while participating in a special meeting discussing "No Confidence Motion", shall necessarily have to speak and shall be under a compulsion to speak.

(2.) The Petitioner was an elected Sarpanch of the Gram Panchayat, Kalmadi, Taluka Shahada, District Nandurbar. The Gram Panchayat comprises of 09 members. On 04.06.2014, more than 1/3rd members of the Gram Panchayat moved a requisition proposing a motion of no confidence against the Petitioner Sarpanch. The Tahasildar, who received the requisition, issued the notice dated 04.06.2014 for convening a special meeting on 10.06.2014. Accordingly, the special meeting was held on 10.06.2014. All 09 members were present in the said meeting. The motion was carried by six votes as against three and thereby, the mandate of Section 35(3) of the Maharashtra Village Panchayats Act was satisfied.

(3.) The Petitioner raised the Gram Panchayat Dispute No.3/2014 before the Additional Collector, Nandurbar. By the impugned judgment dated 30.09.2014 the said dispute was rejected and it was concluded that the No Confidence Motion was valid and the Petitioner was, therefore, removed as Sarpanch of the Village Panchayat.