NIMBA RAJARAM MALI Vs. COLLECTOR JALGAON

JUDGEMENT

(1.) HEARD the learned Counsel for respective parties. The Village Panchayat Shrisoli Pr. Nashirabad, tq. and Dist. Jalgaon has 13 elected members and the petitioner came to be elected as Sarpanch. A Notice of No Confidence Motion was issued by 7 members of the said Village Panchayat on 2nd April, 1998 against the petitioner and submitted to the Tahsildar who convened a Special Meeting for the purpose of discussion regarding the said Notice on 27th April, 1998. In the said meeting, 11 out of the 13 elected members were present. The Motion of No Confidence came to be passed by majority of 7 v. 4. A dispute filed under section 35 (3-B) of the Bombay Village Panchayat Act, 1958 came to be dismissed by the Additional Collector, Jalgaon. The said dispute was registered as dispute No. 37/98. Appeal No. 49/98 filed under section 53 (3-C) before the Divisional Commissioner, Nasik Division, Nasik, against the order passed by the Additional Collector on 25-5-1998, also came to be dismissed by judgment and order dated 8-7-1998. Being aggrieved by Motion of No Confidence passed against the petitioner and the concurrent findings recorded by the Additional Collector and the Additional Commissioner, the petitioner had approached this Court with a prayer to quash and set aside the impugned resolution as well as the orders.

(2.) THE grounds of challenge, as argued by the learned Counsel for the petitioner, are as under :

(3.) IN support of his argument on the first issue, the learned Counsel for the petitioner has relied upon the judgments of this Court in the following cases : i) (1965 Mh. L. J. Note 102), (sic ). (ii) (Ganeshsinha Domansinha Hajari v. Commissioner, Nagpur Division), Nagpur reported in 1963 Mh. L. J. 569, (iii) (Dhrupad Bhagwan Sawale v. Collector, Buldhana), reported in 1986 (1) Bom. C. R. 531 : 1986 Mh. L. J. 996 (iv) (Bandopant Shankarrao Mallewar v. State of Maharashtra), reported in 1997 (1) Mh. L. J. 52. Rule 2 (1) of No Confidence Motion Rules reads as under :