Case Note & Summary
The petitioner, Jijabai Parasram Aatram, was directly elected as Sarpanch of Gram Panchayat Dhamandari, a seat reserved for Scheduled Tribe Woman. On 4.5.2021, six members of the Gram Panchayat moved a no-confidence motion against her before the Tahsildar, Kinwat. The Tahsildar scheduled a special meeting of the Gram Sabha on 11.5.2021, which was presided over by the Tahsildar. The motion was passed by a majority of 6:2. The Collector subsequently passed an order declaring the petitioner disqualified to hold the post of Sarpanch. The petitioner challenged her removal by way of a writ petition. The legal issue was whether a directly elected Sarpanch can be removed by a no-confidence motion passed by the Gram Panchayat members under Section 55(2) of the Maharashtra Village Panchayats Act, 1959. The petitioner argued that as a directly elected Sarpanch, she could only be removed by the Gram Sabha under Section 35(1)(b) of the Act, and not by the Gram Panchayat members. The respondents contended that the procedure under Section 55(2) was correctly followed. The court analyzed the relevant provisions and held that Section 55(2) applies only to a Sarpanch elected by the members of the Gram Panchayat, not to a directly elected Sarpanch. For a directly elected Sarpanch, the removal must be by the Gram Sabha under Section 35(1)(b) by a resolution passed by a majority of two-thirds of the members present and voting. Since the no-confidence motion was passed by the Gram Panchayat members and not by the Gram Sabha, the removal was invalid. The court quashed the order of the Collector and allowed the petition.
Headnote
A) Panchayati Raj - Removal of Sarpanch - No-Confidence Motion - Maharashtra Village Panchayats Act, 1959, Sections 35(1)(b) and 55(2) - The petitioner, a directly elected Sarpanch, was removed by a no-confidence motion passed by the Gram Panchayat members. The court held that a directly elected Sarpanch cannot be removed by a no-confidence motion under Section 55(2) as that provision applies only to Sarpanchs elected by members of the Gram Panchayat. The removal must be by the Gram Sabha under Section 35(1)(b) by a resolution passed by majority of two-thirds of the members present and voting. The impugned order of the Collector was quashed. (Paras 1-10) B) Panchayati Raj - Directly Elected Sarpanch - Removal Procedure - Maharashtra Village Panchayats Act, 1959, Sections 35(1)(b) and 55(2) - The court distinguished between a Sarpanch directly elected by the villagers and one elected by the members of the Gram Panchayat. For a directly elected Sarpanch, the removal procedure is governed by Section 35(1)(b) which requires a resolution passed by the Gram Sabha. The no-confidence motion passed by the Gram Panchayat members was invalid. (Paras 5-10)
Issue of Consideration
Whether a directly elected Sarpanch can be removed by a no-confidence motion passed by the Gram Panchayat members, and whether the procedure under Section 55(2) of the Maharashtra Village Panchayats Act, 1959 applies to a directly elected Sarpanch.
Final Decision
The court allowed the writ petition, quashed the order of the Collector dated 26.02.2022 declaring the petitioner disqualified, and directed that the petitioner be restored to the post of Sarpanch.
Law Points
- No-confidence motion against directly elected Sarpanch must be passed by Gram Sabha
- not Gram Panchayat
- Directly elected Sarpanch cannot be removed by no-confidence motion under Section 55(2) of Maharashtra Village Panchayats Act
- 1959
- Section 35(1)(b) of Maharashtra Village Panchayats Act
- 1959 provides for removal of Sarpanch by Gram Sabha
- Distinction between directly elected and indirectly elected Sarpanch for removal procedure
