Case Note & Summary
The petitioner, Vijay Ramdas Kokate, was the Sarpanch of a Gram Panchayat. On 8th February 2022, a notice of no-confidence was given to the Tahsildar under Section 35(1) of the Maharashtra Village Panchayats Act, 1959. The Tahsildar convened a meeting for 15th February 2022. However, on 9th February 2022, the proceedings were closed on the ground that the motion was moved before completion of two years as required under Section 35(3)(a). Subsequently, on 30th May 2023, a fresh motion of no-confidence was moved and carried. The petitioner filed a dispute application under Section 35(3-B) before the Collector, Solapur, challenging the motion. The Collector dismissed the application, holding the motion valid. The petitioner then filed a writ petition in the Bombay High Court. The main legal issues were whether the notice of no-confidence could be withdrawn once given, and whether the bar of two years applied to the notice or the moving of the motion. The petitioner argued that the notice could not be withdrawn and that the earlier proceedings were closed illegally. The respondents contended that the notice was withdrawn and that the bar of two years was not applicable. The court held that under Section 35(1), once a notice of no-confidence is given, it cannot be withdrawn. However, the bar of two years under Section 35(3)(a) applies to the moving of the motion, not the notice. Since the motion was moved after two years, it was valid. The court also held that the Collector's power under Section 35(3-B) is limited to procedural irregularities, and there was no such irregularity. The writ petition was dismissed, upholding the no-confidence motion.
Headnote
A) Panchayati Raj - No-Confidence Motion - Notice Irrevocability - Section 35(1) Maharashtra Village Panchayats Act, 1959 - Once a notice of no-confidence is given by not less than two-thirds of members, it cannot be withdrawn - The court held that the language of Section 35(1) is clear and unambiguous, and the notice once given shall not be withdrawn (Paras 5-6). B) Panchayati Raj - No-Confidence Motion - Bar of Two Years - Section 35(3)(a) Maharashtra Village Panchayats Act, 1959 - The bar of two years applies to the moving of the motion of no-confidence, not to the giving of notice - The court held that the motion was moved after completion of two years, and thus the bar was not attracted (Paras 7-8). C) Panchayati Raj - No-Confidence Motion - Collector's Power - Section 35(3-B) Maharashtra Village Panchayats Act, 1959 - The Collector's power under Section 35(3-B) is limited to examining procedural irregularities in the meeting, not the merits of the motion - The court held that the Collector rightly dismissed the dispute application as there was no procedural irregularity (Paras 9-10).
Issue of Consideration
Whether the notice of no-confidence under Section 35(1) of the Maharashtra Village Panchayats Act, 1959 can be withdrawn after being given, and whether the bar of two years under Section 35(3)(a) applies to the notice or to the moving of the motion.
Final Decision
The Bombay High Court dismissed the writ petition, upholding the Collector's order dated 29th August 2023 and the validity of the no-confidence motion carried on 30th May 2023.
Law Points
- Notice of no-confidence cannot be withdrawn once given under Section 35(1) of the Maharashtra Village Panchayats Act
- 1959
- Bar of two years under Section 35(3)(a) applies only to moving of motion
- not to notice
- Collector's power under Section 35(3-B) is limited to procedural irregularities
- not merits of motion
