RAOSAHEB MALLAPA MAGDUM Vs. VANDANA SHIVAJIRAO MANE

JUDGEMENT

(1.) Vide order dated 14th September 2017 the following question has been referred to the Full Bench. The said question reads as under:

(2.) The facts which led to the reference being made are that on 12th May 2017 one-third members of the Panchayat served in the Tahsildar's office a requisition in the prescribed format for a motion of no-confidence against the Sarpanch. The Tahsildar was on leave and resumed duties on 23rd May 2017. On the same day, the Tahsildar issued notices to all the members of the Panchayat convening a meeting on 30 th May 2017 to consider the Motion of no-confidence. On 30 th May 2017 the motion was put to vote with thirteen members voting in favour of the motion and three against. The Sarpanch preferred an appeal to the Collector who vide order dated 1 st July 2017 quashed the resolution dated 30 th May 2017 inasmuch as the meeting was convened beyond seven days from the date of the receipt of the motion.

(3.) Section 35 of The Maharashtra Village Panchayats Act, 1959 reads as under: