Case Note & Summary
The petitioner, Dnyaneshwar Shridhar Matkar, was the Sarpanch of Khirdi Village Panchayat. A notice of no-confidence motion was issued against him under Section 9A of the Maharashtra Village Panchayats Act, 1959. The notice was served on the petitioner on 28.03.2023, and the meeting for the no-confidence motion was scheduled and held on 04.04.2023. The petitioner challenged the validity of the motion on the ground that the notice did not comply with the mandatory requirement of seven clear days as per Section 9A(2) of the Act. The court examined the computation of the notice period. It held that the day of service of notice (28.03.2023) and the date of the meeting (04.04.2023) must be excluded. Counting from 29.03.2023 to 03.04.2023 gives only six days, falling short of the required seven clear days. The court rejected the argument that the notice period should be computed from the date of the notice (27.03.2023) rather than the date of service. The court emphasized that the requirement of seven clear days is mandatory and non-compliance renders the motion invalid. Consequently, the court allowed the writ petition, quashed the no-confidence motion and the meeting, and directed that the petitioner be reinstated as Sarpanch.
Headnote
A) Panchayat Raj - No-Confidence Motion - Notice Period - Section 9A(2) Maharashtra Village Panchayats Act, 1959 - The notice of no-confidence motion must be given at least seven clear days before the date of the meeting. The day of service of notice and the date of the meeting are to be excluded while computing the period of seven clear days. In the present case, notice was served on 28.03.2023 and meeting was held on 04.04.2023, which does not provide seven clear days. Held that the motion is invalid and the meeting is vitiated (Paras 7-10).
Issue of Consideration
Whether the no-confidence motion against the petitioner-sarpanch was validly passed in compliance with Section 9A(2) of the Maharashtra Village Panchayats Act, 1959, specifically regarding the requirement of seven clear days' notice.
Final Decision
The court allowed the writ petition, quashed the no-confidence motion and the meeting held on 04.04.2023, and directed that the petitioner be reinstated as Sarpanch of Khirdi Village Panchayat.
Law Points
- No-confidence motion
- Gram Panchayat
- Sarpanch
- Section 9A Maharashtra Village Panchayats Act
- 1959
- Notice period
- Seven clear days
- Computation of time
- Exclusion of first day and date of meeting
- Mandatory requirement
- Invalid motion
