Case Note & Summary
The petitioner, Amol Pandurang Godbole, was directly elected as Sarpanch of Village Panchayat Balirampur in the 2017 general election, a post reserved for Scheduled Caste, under the newly introduced Section 30A-1A of the Maharashtra Village Panchayats Act, 1958 (as amended by Mah. Act No. LIV/2018). This provision allowed the Sarpanch to be elected by the voters of the village rather than by the members of the Panchayat. Subsequently, a no-confidence motion was initiated against him, and a special meeting of the Gram Sabha passed a resolution on 03.09.2021 under Section 35 of the Act, which was followed by another resolution on 16.09.2021. The petitioner appealed to the Collector, Nanded, who dismissed his appeal on 13.12.2021, upholding the resolutions. Aggrieved, the petitioner filed the present writ petition challenging the legality and validity of the no-confidence motion and the Collector's order. The core legal issue was whether a Sarpanch directly elected by the voters could be removed by a no-confidence motion passed by the Gram Sabha under Section 35, which traditionally applied to Sarpanchs elected by Panchayat members. The petitioner argued that the amendment introducing direct election created a distinct electoral college, and thus the no-confidence mechanism must also be by the same voters. The respondents contended that Section 35 remained applicable. The court analyzed the provisions, noting that Section 30A-1A was a novel provision introduced by the 2017 amendment, and that Section 35, which provides for no-confidence by the Gram Sabha, was enacted earlier and did not contemplate direct election. The court held that a harmonious construction required that the no-confidence motion against a directly elected Sarpanch must be passed by the voters who elected him, not by the Gram Sabha members. Consequently, the court quashed the resolutions dated 03.09.2021 and 16.09.2021 and set aside the Collector's order dated 13.12.2021, allowing the writ petition.
Headnote
A) Panchayati Raj - No-Confidence Motion - Directly Elected Sarpanch - Section 35, Section 30A-1A, Maharashtra Village Panchayats Act, 1958 - The petitioner, a directly elected Sarpanch under Section 30A-1A, challenged a no-confidence motion passed by the Gram Sabha under Section 35. The court held that the motion must be passed by the voters who elected the Sarpanch, not by the Gram Sabha members, as the amendment introduced a distinct electoral college. The Collector's order upholding the motion was set aside. (Paras 1-10) B) Statutory Interpretation - Harmonious Construction - Sections 30A-1A and 35, Maharashtra Village Panchayats Act, 1958 - The court interpreted the provisions harmoniously, holding that Section 35 applies only to Sarpanchs elected by the Panchayat members, not to those directly elected by voters. The amendment creating direct election implied a corresponding change in the no-confidence mechanism. (Paras 5-10)
Issue of Consideration
Whether a no-confidence motion against a Sarpanch directly elected by the voters of the village under Section 30A-1A of the Maharashtra Village Panchayats Act, 1958, can be validly passed by the Gram Sabha under Section 35 of the Act, or whether it must be passed by the voters who elected him.
Final Decision
Writ petition allowed. Resolutions dated 03.09.2021 and 16.09.2021 and Collector's order dated 13.12.2021 quashed and set aside.
Law Points
- No-confidence motion against directly elected Sarpanch must be passed by voters who elected him
- not by members of Gram Sabha
- Section 35 Maharashtra Village Panchayats Act
- 1958
- Section 30A-1A
- interpretation of statutory provisions
