ASHABAI ASHOK SHINDE Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) This writ petition is directed against an Order dated 30.3.2007 made by Additional Collector, Buldhana, dismissing the dispute that was filed by petitioner Sarpanch in the matter of motion of no confidence passed against her. In appeal, the said order made by the Additional Collector was confirmed.

(2.) Petitioner Sau. Ashabai w/o Ashok Shinde- Sarpanch of Gram Panchayat Kolhi Gohar and Upa-Sarpanch Tulshiram s/o Ananda Wagh were elected to their respective offices. On 29.12.2006 five members of the Village Panchayat out of seven submitted a requisition to Tahsildar Motala for calling a special meeting to consider the motion of no confidence against Sarpanch and Upa-Sarpanch both for the reasons stated in the said requisition. On 29.12.2006 itself Tahsildar Motala issued a notice of special meeting to be held on 2.1.2007 at 2:00 p.m. for considering the motion of no confidence against Sarpanch and Upa-Sarpanch both. As decided, the special meeting was held and the motion was put to vote against both Sarpanch and Upa-Sarpanch at a time and out of seven members present in the meeting, five voted in favour of the motion of no confidence and thus by two third majority the Presiding Officer declared motion of no confidence to have been passed against both Sarpanch and Upa-Sarpanch Petitioner filed a dispute before the Additional Collector against the said motion of no confidence under section 35 (3-B) of the Bombay Village Panchayats Act, 1958, but the same was dismissed. The petitioner thereafter filed appeal against the said order before the Appellate Authority, namely, Additional Commissioner, Amravati, which also met the same fate. Hence, this writ petition.

(3.) Learned Counsel for the petitioner made the following submissions :