NIVRUTTI KASHINATH BANSODE & ANR Vs. GRAMSEVAK, GRAMPANCHAYAT

JUDGEMENT

(1.) This petition has been filed against the order passed by the Divisional Commissioner, Pune, in Appeal No.VPT/A/22/2008, which confirms the order passed by the Additional Collector on 30.6.2008 in V.P./Remand Case No.1 of 2008.

(2.) By consent, the petition is being heard and disposed of finally at the stage of admission itself.

(3.) Petitioner Nos.1 and 2 are the Sarpanch and Up-Sarpanch of Nazara, Taluka Sangola, Dist. Solapur. A no-confidence motion was moved against the petitioners by some members of the Gram Panchayat on 26.12.2007. The Tahsildar, Sangola, therefore, summoned a special meeting in the office of the Gram Panchayat on 2.1.2008 for discussing the no-confidence motion. At the meeting, the no-confidence motion was passed by 10 votes to 3 votes and the petitioners were voted out of office. The petitioners contend that they were not given any opportunity by the Tahsildar to address the meeting and to speak against the motion. The appeal was filed by the petitioners before the Additional Collector challenging the resolution passed at the special meeting. The Collector dismissed the appeal on 30.6.2008. A second appeal was filed by the petitioners impugning the order passed by the Additional Collector. An affidavit was filed by the 1st petitioner before the Additional Collector, who dismissed the appeal by relying on the judgment of this Court (Aurangabad Bench) dated 16th December, 2002 in Writ Petition No.4346 of 2001.