KHANDU BHIVAJI JOGDAND Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned Counsel for the petitioner, learned A.G.P. for respondent Nos. 1 to 3 and learned Counsel for respondent Nos.5 to 8.

(2.) By this petition under Articles 226 and 227 of the Constitution of India, the petitioner challenges the judgment and order dated 15-09-2009 in Appeal No.CR/42/2009 passed by the Divisional Commissioner, Aurangabad Division, Aurangabad and order dated 25-06-2009 passed by the Additional Collector, Ambajogai in Case No. VPN/Appeal/ 03. In the present case, the Divisional Commissioner, Aurangabad Division, Aurangabad by the impugned order dated 15-09-2009 held that no confidence motion confirmed against the petitioner is valid and subsisting as per law.

(3.) A few facts in the present case are that in 2008 the election of Grampanchayat Bansarola took place, in which the petitioner and respondent Nos.5 to 15 and one Sindhu Mahadeo Done were elected as members. Thereafter, the petitioner was elected as Sarpanch of Bansarola Grampanchayat. On 12-09-2008 respondent Nos.5 to 12 and Sindhu Mahadeo Done moved application to the Tahasildar, Kaij for convening special meeting for passing no confidence motion against the petitioner. Accordingly, the Tahasildar, Kaij fixed the meeting on 18-09-2008. Before the date of meeting as fixed by the Tahasildar, President of Zilla Parishad, Beed disqualified respondent Nos.10 to 12 and Sindhu Mahadeo Done on 16-09-2008 under Section 40(1) of the Bombay Village Panchayat Act, 1958 for the reason that these members remained absent for six months at the monthly meetings without any leave. The petitioner hereinabove filed R.C.S. No. 176/2008 in the Court of the Civil Judge, Senior Division, Ambajogai restraining the respondents from calling a meeting dated 18-09-2008 and for other reliefs. In the said R.C.S. No. 176/2008 the petitioner preferred application for injunction being Exhibit-5 seeking temporary injunction restraining the defendants in that suit from conducting a meeting scheduled on 18-09-2008 for moving no confidence motion on the notice of motion dated 12-09-2008, contending that the petitioner was legally elected as Sarpanch of the Grampanchayat Bansarola, Tq. Kaij, District Beed and there were 13 Grampanchayat members.