Case Note & Summary
The petitioner, Kalpana Gangaram Chaudhari, was elected as Upsarpanch of Naigaon Gram Panchayat on 9 April 2018, securing 5 out of 9 votes in a secret ballot. On 16 July 2019, a no confidence motion was moved against her by respondents 4 to 11. The motion was passed by 6 votes to 3, and the Tahsildar declared her removal. The petitioner challenged this before the Collector, who confirmed the motion. She then filed a writ petition in the Bombay High Court. The petitioner argued that one of the members, Sau. Sunita Gaikwad (Respondent No. 8), was disqualified from being a member of the panchayat because she failed to produce a caste validity certificate within the prescribed time, and the Caste Scrutiny Committee had rejected her claim. The petitioner contended that disqualification is automatic under the Maharashtra Village Panchayats Act, and since Respondent No. 8 voted in favour of the no confidence motion, her vote should be excluded. Excluding her vote, the motion would have received only 5 votes out of 8 valid members, which is less than the required two-thirds majority. The respondents did not dispute that Respondent No. 8 voted in favour but argued that the disqualification had not been formally declared. The court examined the provisions of the Maharashtra Village Panchayats Act, particularly Section 16(1)(j) regarding disqualification for failure to produce a caste certificate, and Section 35 regarding the requirement of a two-thirds majority for a no confidence motion. The court held that disqualification is automatic upon failure to produce the certificate within time, and the vote of a disqualified member is invalid. Excluding Respondent No. 8's vote, the motion was carried by only 5 votes out of 8 valid members, which is not a two-thirds majority. The court relied on the Supreme Court decision in Ganesh Gurkule v. Tahsildar, Sinnar & Ors. The court allowed the petition, quashed the Collector's order and the no confidence motion, and restored the petitioner as Upsarpanch.
Headnote
A) Panchayat Law - No Confidence Motion - Disqualification of Member - Maharashtra Village Panchayats Act, 1959 - Sections 14, 16, 35 - The petitioner, elected Upsarpanch, was removed by a no confidence motion. One member (Respondent No. 8) who voted in favour was disqualified for failing to produce a caste validity certificate within time. The court held that disqualification is automatic and the vote of a disqualified member is invalid. Excluding that vote, the motion received only 5 out of 8 valid votes, falling short of the required two-thirds majority. The court set aside the no confidence motion and restored the petitioner as Upsarpanch. (Paras 5-9) B) Panchayat Law - Disqualification - Caste Validity Certificate - Maharashtra Village Panchayats Act, 1959 - Section 16(1)(j) - A member belonging to a Scheduled Tribe who fails to produce a caste validity certificate within the prescribed period is automatically disqualified. The Caste Scrutiny Committee's rejection of the claim confirms the disqualification. Such a member cannot participate in voting on a no confidence motion. (Paras 5-6) C) Panchayat Law - No Confidence Motion - Majority Requirement - Maharashtra Village Panchayats Act, 1959 - Section 35 - A no confidence motion against an Upsarpanch requires a two-thirds majority of the total number of members of the Gram Panchayat. The vote of a disqualified member cannot be counted towards the majority. (Paras 6, 9)
Issue of Consideration
Whether the no confidence motion against the petitioner was validly carried when one of the members who voted in favour was disqualified from being a member of the Gram Panchayat.
Final Decision
The petition is allowed. The impugned judgment and order dated 13 September 2019 passed by the Collector, Pune in Dispute Application No. 62 of 2019 is quashed and set aside. Consequently, the no confidence motion dated 16 July 2019 and the consequent declaration dated 16 July 2019 granted by the Tahsildar are also quashed and set aside. The petitioner is restored as Upsarpanch of Naigaon Gram Panchayat.
Law Points
- Disqualification of a member is automatic upon failure to produce caste validity certificate within prescribed time
- Vote of a disqualified member is invalid and must be excluded
- No confidence motion requires two-thirds majority of total members
- Exclusion of invalid vote can result in motion not being carried
