AJINATH SAMPAT KADAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The issue referred for consideration of the Full Bench is recorded below : " Whether the Meeting Rules and in particular, Rules 17 to 26, are mandatory, and violation to apply these Rules to a meeting for consideration of motion of no confidence, vitiates the entire proceedings of the special meeting as also the resolution passed therein?"

(2.) The learned Single Judge of this Court (Coram : R.G.Ketkar, J.), noticing conflict of views on the issue by the two Single Judges of this Court in the matter of Vijay Ramchandra Katkar vs Group Grampanchayat, Pali & anr.,2010 (4) Mh.L.J. 497, (Coram : R.C.Chavan, J.) and in the batch of writ petitions, namely, Writ Petition No. 167 of 2011 and others, decided on 26 th July, 2011 (Coram : S.C. Dharmadhikari, J.), so also the view taken on the above issue by the Division Bench of this Court in the case of Vishnu Ramchandra Patil vs Group Gram Panchayat, Kharivli and Ors.,2013 (3) Mh.L.J. 133, has framed the question as above for consideration and papers and proceedings were directed to be placed before the Hon'ble the Chief Justice in accordance with Rule 7 Chapter I of the Bombay High Court Appellate Side Rules, 1960. The Honourable the Chief Justice has directed placement of the matter before us for consideration and decision on the issue.

(3.) By way of this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 27th June, 2013 passed by Additional Collector, Beed in the dispute preferred by the petitioner under Section 35(3B) of the Maharashtra Village Panchayat Act, 1958 (for short "the Act"). By that order, the Additional Collector has dismissed the said dispute and held that the proceedings of special meeting held on 14th May, 2013 are valid and that the resolution of no confidence moved against the petitioner was carried in accordance with the provisions of the Bombay Village Panchayats Sarpanch and Up-Sarpanch (No Confidence Motion) Rules, 1975 (for short "No Confidence Motion Rules").