NAVNATH GANGADHAR DHOCKCAULE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The first proceeding is filed by Up-Sarpanch and second proceeding is filed by Sarpanch of village Khandala, Tahsil Shrirampur, District Ahmednagar. The proceedings are filed to challenge the decision given in dispute application Nos. 33/2014 and 34/2014, which were pending before the learned Additional Collector, Ahmednagar. The dispute applications were filed under section 35 (3)(b) of Bombay Village Panchayat Act, 1958 to challenge the resolutions of no confidence motion passed against the Sarpanch and Up-Sarpanch. The dispute applications are rejected by the authority. Both the sides are heard.

(2.) The Village Panchayat has 13 members. On 17.7.2014, 11 members approached Tahsildar and gave requisition for calling meeting of Village Panchayat as they wanted to move motion of no confidence against Sarpanch and Up-Sarpanch. Common grounds were mentioned against both of them by 11 members and it was informed that both Sarpanch and Up-Sarpanch had lost confidence of these members. On 17.7.2014 Tahsildar issued separate notices against Sarpanch and Up-Sarpanch to inform them about the requisition given against them and he called meeting on 23.7.2014 at 11.00 a.m. in Village Panchayat Office. Notices were served on 11 members, out of 13 members, personally. On 18.7.2014 Talathi pasted the notices issued against Sarpanch and Up-Sarpanch on the outer doors of their houses as they were not available. Panchanama of this incident was prepared by Talathi in the presence of Village Officers like Gramsevak, Police Patil and President of Tanta Mukti Committee. Two other witnesses were also used. Talathi gave report of service to Tahsildar on 19.7.2014.

(3.) The requisition meeting was held in the office of Village Panchayat on 23.7.2014. Out of 13 members, 11 members attended the meeting. Both Sarpanch and UpSarpanch did not turn up for the meeting. First the motion of no confidence was moved against Sarpanch and there was discussion on the motion and then it was passed by majority like 10 Vs. 00. In similar way, motion was moved against UpSarpanch of no confidence and it was also passed by similar majority. Tahsildar declared that the resolutions of no confidence were passed against Sarpanch and Up-Sarpanch.