CHARUSHILA BIRA SHRIRAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. With consent, Rule made returnable forthwith and taken up for final hearing.

(2.) The question which arises for consideration is the meaning which should be given to the words "date of election of Sarpanch or Upa-Sarpanch" occurring in the 4th proviso to sub Sec. 3 of Sec. 35 of the Maharashtra Village Panchayats Act, 1958 (Village Panchayats Act) for the purpose of computing period of two years of immunity. The dispute is whether the immunity of two years against No Confidence Motion is to be computed from the date of election of the first Sarpanch or from the date when the new Sarpanch is elected by filling the vacancy occurred in the manner provided under Sec. 43 of Village Panchayats Act.

(3.) The undisputed facts are that on 15/1/2021 elections were held for Village Panchayat Bhavdi, Taluka Haveli District Pune. On 9/2/2021, the Respondent No. 8 was elected as Sarpanch. On 29/11/2021 the Respondent No. 8 resigned from the post of Sarpanch and on 27/12/2021 the Petitioner was elected unopposed as the Sarpanch of the Village Panchayat. On 13/12/2023 Respondent Nos. 4, 5 and 7 to 11 moved No Confidence Motion against the Petitioner. On 13/12/2023 notice was issued by the Respondent No. 2-Tehsildar for convening the special Meeting and on 19/12/2023, the motion of no confidence was carried against the Petitioner.