ANUSUYA KRISHNAJI BHOSALE Vs. GRAM PANCHAYAT KIKVI

JUDGEMENT

(1.) The petitioner who was elected Sarpanch of the Gram Panchayat, village Kikvi, Taluka Bhor, Dist. Pune is challenging the no confidence motion passed against her in the meeting held on 8-11-1997 as also the decision of the Collector dismissing her appeal and the decision of the Divisional Commissioner, Pune Division in further appeal which was also dismissed by the Divisional Commissioner.

(2.) Out of nine members, eigth members requisitioned a meeting for passing resolution of no confidence against the petitioner. Six remained present and all voted in favour of the no confidence motion.

(3.) We have heard the learned counsel at some length. He firstly contended that there is no resolution as such and, therefore, it was an error on the part of the Collector as well as the Divisional Commissioner in dismissing the appeal. The proceedings show that the meeting commenced at 11 a.m. specifically for the purpose of considering no confidence motion against the petitioner Smt. Anusaya Krishnaji Bhosale. Thereafter it mentions the names of all the members and also who are absent and who are present. In case of one of the members by name Sayaji Kadam the notice was pasted and Panchanama was drawn to that effect. The grounds were that the Sarpanch does not take other members into confidence in the administration of the Gram Panchayat and that she has completed the construction of old drainage out of the money for Jawahar Rojgar Yojana. She has misused the Panchayat fund and the Gram Panchayat is not being administered in accordance with the resolution. The proceedings further show that there was a discussion on it. The further sentence creates certain confusion which says that all these points as referred to require inquiry. The petitioner Sarpanch was absent. Then the last paragraph mentions that out of the present members, following six members who are named and which members have signed in front of their names have voted in favour of the no confidence motion against the Sarpanch by raising their hands and they have also signed in token of they having voted in favour of the no confidence motion.