NASRIN SALIM SHAIKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(2.) The petition is filed by six members of Village Panchayat, Wadaner, Tq. Paranda, Dist. Osmanabad to challenge the decision given by the Collector, Osmanabad in proceeding no. 16/GB/Desk- 1/GraPanNi/Ka-1/KaVi-362 dated 03rd June, 2016. The said proceeding was filed under Section 35(3-B) of the Maharashtra Village Panchayat Act, 1958 ( hereinafter referred to as 'the Act')to challenge the resolution on no confidence passed by Village Panchayat against Up-Sarpanch Shivaji, Respondent No. 3 of the proceeding.

(3.) The requisition was given on 12th April, 2016 by present petitioners six members of village panchayat. The village panchayat consists of nine members. On the same day, Tahsildar issued notice of requisition meeting and called the meeting on 20th April, 2016. On 19th April, 2016 there was official holiday and office was closed due to Mahavir Jayanti. The Up-sarpanch attended the meeting and participated in the discussion on motion of no confidence. When the resolution was moved by the petitioners, one member requested for taking voting by secret ballot and so Tahsildar took voting by secret ballot. The resolution was passed of no confidence against Up-sarpanch by majority of six versus one. Accordingly, the decision of resolution was declared by Tahsildar and two votes were declared as invalid. Minutes of this meeting were prepared and they were signed by to all the nine members of village panchayat.

(4.) The Up-sarpanch had challenged the aforesaid resolution on the following grounds: