CHANDRAKANT BAPUSO RUGGE Vs. GRAMPANCHAYAT, TAMDALGE AND ORS.

JUDGEMENT

(1.) The petitioner was the Sarpanch of the Grampanchayat, Tamdalge. The petitioner tendered his resignation from the post of Sarpanch on 17 August 2012 by addressing a writing to that effect under his hand to the Chairman of Panchayat Samiti. The Block Development Officer, directed placement of said resignation for its approval in the meeting of Panchayat Samiti scheduled for 10 September 2012. In the meantime, i.e., 23 August 2012, more than one-third total number of members of the Panchayat requisitioned a meeting to consider motion of no confidence against the petitioner. Such requisition was in consonance with the provisions provisions of Section 35 (1) of the Bombay Village Panchayats Act, 1958 (said Act). The Tehsildar, in consonance with the provisions of Section 35(2) of the said Act, by notice dated 23 August 2012 convened a Special Meeting for considering the motion of no confidence at the office of Panchayat on 29 August 2012. At the specially convened Meeting, the petitioner objected to taking up of the motion, inter alia on the ground that he had already submitted his resignation on 17 August 2012 and the same was to come up before the Panchayat Samiti for approval on 10 September 2012. Notwithstanding such objection, the motion of no confidence was carried through with seven members out of the total nine members expressing their want of confidence in the petitioner.

(2.) By application dated 3 September 2012, the petitioner raised a dispute before the Additional Collector urging the following:

(3.) The Additional Collector found no merit in the dispute raised by the petitioner and consequently dismissed the petitioner's application dated 3 September 2012 by making order dated 2 November 2012 (impugned order).