HINDURAO DNYANU SHIRTODE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) PETITIONERS, who are the Sarpanch and Upasarpanch, Ambak, Taluka Khanapur, Dist. Sangli, have filed the present petition seeking to impugn the No Confidence Motion passed against them in a meeting held on 17th April, 1997.

(2.) FEW facts, giving rise to the filing of the petition, are as under:-

(3.) DR. Choudhari, the learned advocate appearing in support of the petition has first contended that Shri Jagdale, who was elected at the Bye-election held on 3rd April, 1997 is one of the five signatories to the requisition notice dated 11th April, 1997, calling for a meeting to consider the No Confidence Motion. According to him, Shri Jagdale could not have participated and voted at the meeting held on 17th April, 1997 as his term of office would have commenced on the date of the 1st meeting of the panchayat as provided in section 28 of the Bombay Village Panchayat Act, 1958 (hereinafter referred to as "the Act" ). If the vote which has been cast by Shri Jagdale is ignored the Motion cannot be said to have been passed by a majority.