SHRI. GANESH SUKHDEO GURULE Vs. TAHSILDAR

JUDGEMENT

(1.) Heard Mr. R.V. Govilkar, learned counsel for the petitioner, Mr. S.H. Kankal, learned AGP for respondent No.1-State, Mr. A.S. Pandire, learned counsel for respondents No.2 to 57, Mr. Sachin Gite, learned counsel for respondent No.6 and Ms. Kavita Shinde, learned counsel for respondents No.8 and 9, at length.

(2.) By this Petition under Art. 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 16.10.2018 passed by the Additional Collector, Nashik in Grampanchayat Dispute Application No.88/2018. By that order, the Additional Collector dismissed the Dispute Application filed by the petitioner challenging the resolution of 'no-confidence' passed against him in the meeting convened on 14.9.2018.

(3.) The petitioner was elected as Surpanch of Grampanchayat Khopadi (Bk), Taluka Sinnar, - District - Nashik (for short, 'Grampanchayat'). The total members of the Grampanchayat are nine. Respondents No.3, 4, 5, 6 and 7 served notice of 'noconfidence' to Tahsildar, Sinnar on 7.9.2018. On the same day, the Tahsildar, Sinnar issued notice convening Special Meeting on 14.9.2018 at 11:00 a.m. in the office of the Grampanchayat. On 14.9.2018, Special Meeting as scheduled was held. It was attended by eight members out of nine members. One member did not remain present in that meeting. Respondent No.7 also attended that meeting. In the meeting, so convened, six members voted in favour of the motion of 'no-confidence' and two members opposed the 'no-confidence' motion. The Presiding Officer declared that the motion is carried in terms of Sec. 35 of the Maharashtra Village Panchayats Act (for short, 'Act') by a majority of 2/3rd members and accordingly declared that motion is carried out against the petitioner.