CHAYA AND ORS. Vs. ADDITIONAL COLLECTOR AND ORS.

JUDGEMENT

(1.) RULE , made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.

(2.) THE challenge in all these petitions is to the no confidence motion passed by absolute majority against the Sarpanch of the Gram Panchayat, which is confirmed in appeal by the Additional Collector in exercise of his appellate jurisdiction under Section 35(3B) of the Maharashtra Village Panchayats Act, 1959 ("the said Act").

(3.) IN view of the aforesaid order passed by the Additional Collector, the finding that the no confidence motion was moved and passed by the elected members of the Panchayats, as provided under Section 35 of the said Act, no longer remains a matter of dispute before this Court. It is also not in dispute that the Gram Panchayats in question are included in the scheduled areas as per the notification published by the Government of Maharashtra on 931990. The finding recorded by the Additional Collector that the requisitions in question were neither moved nor passed in accordance with the provision of Section 54D of the said Act, is also not disputed.