SUNIL BHASKAR KATKAR Vs. RAOSAHEB RAMCHANDRA GAVHANE

JUDGEMENT

(1.) By this petition, filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 5th April, 2018 passed by the learned Collector, Solapur, dismissing the dispute application filed by the petitioner under the provisions of the Maharashtra Village Panchayats Act, 1958 (for short "the said Act"). Some of the relevant facts for the purpose of deciding this petition are as under :

(2.) Some time in the month of June, 2015, the general election of Belati Grampanchayat , Belati, District Solapur was held. The post of Sarpanch was reserved for Other Backward Class (male) Category .The petitioner contested the said election and was elected as Sarpanch. On 3rd March, 2018, the respondent nos.1 to 6 herein filed an application to the learned Tahsildar, Solapur under section 35(1) of the said Act with requisite majority requesting for convening a special meeting for passing a "No Confidence Motion" against the petitioner. The learned Collector issued a notice convening a special meeting on 7th March, 2018 for considering a said "No Confidence Motion". The said meeting however could not take place on 7th March, 2018 since the learned Tahsildar was not available because of his sickness.

(3.) The respondent nos.1 to 6 again applied before the learned Tahsildar, Solapur for convening the said meeting for considering a "No Confidence Motion". Learned Collector accordingly called a special meeting for considering the said "No Confidence Motion" on 17th March, 2018. On 17th March, 2018, requisite members of the village Panchayat were present and passed a "No Confidence Motion" against the petitioner on various grounds. The petitioner was present in the said meeting.