Case Note & Summary
The petitioner, Shaikh Jadanbee Shaikh Rais, was the Sarpanch of Gram Panchayat Garkheda-Jomala, Taluka Bhokardan, District Jalna. Respondent No.5, Shaikh Mukhtar Shaikh Hanif, along with other members, issued a notice dated 25.07.2022 for a no confidence motion against the petitioner. The meeting was held on 08.08.2022, and the motion was passed by 6 out of 7 members. The petitioner challenged the motion on the ground that the notice period of 15 days as required under Section 35 of the Maharashtra Village Panchayats Act, 1959 read with Rule 3 of the Maharashtra Village Panchayats (No Confidence Motion Against Sarpanch or Upa-Sarpanch) Rules, 2017 was not complied with. The court examined the computation of the notice period and held that the period of 15 days must be computed excluding the date of notice and the date of meeting. Since the notice was issued on 25.07.2022 and the meeting was held on 08.08.2022, the total days available were only 13 days, which is less than the mandatory 15 days. Consequently, the notice was invalid, and the no confidence motion was set aside. The court allowed the writ petition and quashed the resolution dated 08.08.2022.
Headnote
A) Panchayati Raj - No Confidence Motion - Sarpanch - Notice Period - Section 35 Maharashtra Village Panchayats Act, 1959 read with Rule 3 of Maharashtra Village Panchayats (No Confidence Motion Against Sarpanch or Upa-Sarpanch) Rules, 2017 - The court examined whether the notice period of 15 days was complied with when the notice was issued on 25.07.2022 and the meeting was held on 08.08.2022, excluding the date of notice and date of meeting. Held that the period of 15 days must be computed excluding the date of notice and date of meeting, and thus the notice period was not complied with, rendering the motion invalid (Paras 7-10).
B) Panchayati Raj - No Confidence Motion - Sarpanch - Procedural Compliance - Section 35 Maharashtra Village Panchayats Act, 1959 - The court considered the requirement that the motion must be passed by a majority of two-thirds of the total number of members. The court found that the motion was passed by 6 out of 7 members, which satisfies the majority requirement. However, due to the invalid notice, the motion was set aside (Paras 11-12).
Issue of Consideration
Whether the no confidence motion passed against the petitioner (Sarpanch) is valid given the alleged non-compliance with the mandatory notice period and procedural requirements under the Maharashtra Village Panchayats Act, 1959 and the Rules framed thereunder.
Final Decision
The court allowed the writ petition and quashed the no confidence motion resolution dated 08.08.2022. The court held that the notice period of 15 days must be computed excluding the date of notice and the date of meeting, and since the notice was issued on 25.07.2022 and the meeting was held on 08.08.2022, the period was only 13 days, which is insufficient. Consequently, the motion was invalid.
Law Points
- No confidence motion
- Sarpanch
- Gram Panchayat
- Notice period
- Procedural compliance
- Section 35 Maharashtra Village Panchayats Act
- 1959
- Rule 3 Maharashtra Village Panchayats (No Confidence Motion Against Sarpanch or Upa-Sarpanch) Rules
- 2017
Case Details
2022 LawText (BOM) (12) 13
Writ Petition No.10678 of 2022
Mr. R. V. Gore (for Petitioner), Mr. K. B. Jadhavar (AGP for Respondent/State)
Shaikh Jadanbee Shaikh Rais
The District Collector, Jalna; The Tahsildar, Bhokardan; The Block Development Officer, Panchayat Samiti, Bhokardan; The Gram Sevak, Grampanchayat Office, Garkheda-Jomala; Shaikh Mukhtar Shaikh Hanif; Shaikh Rais Shaikh Bhikan; Shaikh Rauf Shaikh Bhikan; Shaikh Salim Shaikh Bhikan
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Nature of Litigation
Writ petition challenging the validity of a no confidence motion passed against the petitioner, who was the Sarpanch of Gram Panchayat Garkheda-Jomala.
Remedy Sought
The petitioner sought quashing of the no confidence motion resolution dated 08.08.2022 and a declaration that the motion was invalid due to non-compliance with the mandatory notice period.
Filing Reason
The petitioner alleged that the notice for the no confidence motion was issued on 25.07.2022 and the meeting was held on 08.08.2022, which did not provide the mandatory 15 days' notice as required under Section 35 of the Maharashtra Village Panchayats Act, 1959 read with Rule 3 of the Rules.
Issues
Whether the notice period of 15 days for a no confidence motion under Section 35 of the Maharashtra Village Panchayats Act, 1959 read with Rule 3 of the Rules was complied with when the notice was issued on 25.07.2022 and the meeting was held on 08.08.2022.
Whether the no confidence motion passed by 6 out of 7 members is valid despite the alleged procedural irregularity.
Submissions/Arguments
The petitioner argued that the notice period of 15 days was not complied with as the notice was issued on 25.07.2022 and the meeting was held on 08.08.2022, leaving only 13 days, which is less than the mandatory 15 days.
The respondents argued that the notice period was sufficient and that the motion was passed by the requisite majority.
Ratio Decidendi
The mandatory notice period of 15 days under Section 35 of the Maharashtra Village Panchayats Act, 1959 read with Rule 3 of the Rules must be computed by excluding the date of notice and the date of meeting. Non-compliance with this requirement renders the no confidence motion invalid.
Judgment Excerpts
The period of 15 days notice as required under Section 35 of the Maharashtra Village Panchayats Act, 1959 read with Rule 3 of the Rules has to be computed excluding the date of notice and the date of meeting.
In the present case, the notice was issued on 25.07.2022 and the meeting was held on 08.08.2022. The total days available between these two dates excluding the date of notice and date of meeting is only 13 days, which is less than the mandatory 15 days.
Hence, the notice is invalid and consequently the no confidence motion passed in the meeting dated 08.08.2022 is set aside.
Procedural History
The petitioner filed Writ Petition No.10678 of 2022 before the High Court of Judicature at Bombay, Bench at Aurangabad, challenging the no confidence motion passed against her on 08.08.2022. The petition was reserved on 06.12.2022 and pronounced on 13.12.2022.
Acts & Sections
- Maharashtra Village Panchayats Act, 1959: Section 35
- Maharashtra Village Panchayats (No Confidence Motion Against Sarpanch or Upa-Sarpanch) Rules, 2017: Rule 3
