Case Note & Summary
The petitioner, Surekha Eshwar Jadhav, was the Sarpanch of Grampanchayat Bhatapur (PD), Taluka Mukhed, District Nanded. Respondent nos.1 to 6, who were members of the Grampanchayat, submitted a requisition for a no confidence motion against her. The Tahsildar, Mukhed, convened a special meeting on 18th April 2012 to consider the motion. The petitioner filed a dispute application before the Additional Collector, Nanded, challenging the validity of the meeting. The Additional Collector dismissed the application by order dated 28th December 2012, holding that the meeting was validly conducted under Section 35 of the Maharashtra Village Panchayats Act, 1958 read with the Bombay Village Panchayats Sarpanch and Up-Sarpanch (No Confidence Motion) Rules, 1975. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Aurangabad Bench. The petitioner argued that the meeting was not validly convened and that procedural irregularities vitiated the no confidence motion. The respondents contended that all statutory requirements were complied with. The Court, after hearing the parties, upheld the Additional Collector's order, finding that the special meeting was validly conducted. The Court dismissed the writ petition, confirming that the no confidence motion against the petitioner was properly carried out.
Headnote
A) Gram Panchayat - No Confidence Motion - Validity of Special Meeting - Section 35 Maharashtra Village Panchayats Act, 1958 read with Bombay Village Panchayats Sarpanch and Up-Sarpanch (No Confidence Motion) Rules, 1975 - The petitioner challenged the order of the Additional Collector dismissing her dispute application and upholding the special meeting convened by the Tahsildar for considering a no confidence motion against her as Sarpanch - The Court examined whether the meeting was validly conducted and held that the Additional Collector's order was correct and the meeting was valid - Held that the procedural requirements under the Act and Rules were satisfied (Paras 1-10).
Issue of Consideration
Whether the special meeting convened by the Tahsildar on 18th April 2012 for considering the no confidence motion against the petitioner as Sarpanch was validly conducted under Section 35 of the Maharashtra Village Panchayats Act, 1958 read with the Bombay Village Panchayats Sarpanch and Up-Sarpanch (No Confidence Motion) Rules, 1975.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Additional Collector and confirming that the special meeting held on 18th April 2012 for considering the no confidence motion against the petitioner was validly conducted.
Law Points
- No confidence motion
- Sarpanch
- Grampanchayat
- Special meeting
- Section 35 Maharashtra Village Panchayats Act
- 1958
- Bombay Village Panchayats Sarpanch and Up-Sarpanch (No Confidence Motion) Rules
- 1975
- Articles 226 and 227 Constitution of India
- Writ jurisdiction
- Procedural validity
- Quorum
- Notice period
Case Details
2013 LawText (BOM) (07) 14
Writ Petition No. 353 of 2013
Mr. V.D. Salunke, Mr. S.K. Sawangikar, Mr. G.G. Suryawanshi, Mr. K.M. Suryawanshi
Surekha s/o. Eshwar Jadhav
Nirmala w/o. Madhavrao Jadhav and others
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Nature of Litigation
Writ petition under Articles 226 and 227 of Constitution of India challenging the order of Additional Collector dismissing dispute application and upholding validity of special meeting for no confidence motion against Sarpanch.
Remedy Sought
Petitioner sought quashing of the Additional Collector's order dated 28th December 2012 and declaration that the special meeting held on 18th April 2012 was invalid.
Filing Reason
Petitioner challenged the validity of the special meeting convened by the Tahsildar for considering no confidence motion against her as Sarpanch.
Previous Decisions
Additional Collector, Nanded, dismissed the dispute application (Appeal No. 39/2012) by order dated 28th December 2012, holding the meeting valid.
Issues
Whether the special meeting convened by the Tahsildar on 18th April 2012 for considering no confidence motion against the petitioner as Sarpanch was validly conducted under Section 35 of the Maharashtra Village Panchayats Act, 1958 read with the No Confidence Motion Rules, 1975.
Submissions/Arguments
Petitioner argued that the special meeting was not validly convened and procedural irregularities vitiated the no confidence motion.
Respondents contended that all statutory requirements were complied with and the meeting was valid.
Ratio Decidendi
The special meeting convened by the Tahsildar for considering the no confidence motion against the Sarpanch was validly conducted in accordance with Section 35 of the Maharashtra Village Panchayats Act, 1958 and the Bombay Village Panchayats Sarpanch and Up-Sarpanch (No Confidence Motion) Rules, 1975, and the Additional Collector's order dismissing the dispute application was correct.
Judgment Excerpts
By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 28th December 2012, passed by the Additional Collector, Nanded, in Appeal No. 39/2012.
By that order, the Additional Collector dismissed the dispute application preferred by the petitioner and held that the special meeting convened by the Tahsildar, Mukhed, on 18th April 2012, for considering the no confidence motion against the petitioner herein, as a Sarpanch, was validly conducted as per Section 35 of the Maharashtra Village Panchayats Act, 1958 read with the Bombay Village Panchayats Sarpanch and Up-Sarpanch (No Confidence Motion) Rules, 1975.
Procedural History
The petitioner filed a dispute application before the Additional Collector, Nanded, challenging the validity of the special meeting convened by the Tahsildar on 18th April 2012 for considering a no confidence motion against her as Sarpanch. The Additional Collector dismissed the application by order dated 28th December 2012 in Appeal No. 39/2012. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Aurangabad Bench, which was heard and dismissed on 17th July 2013.
Acts & Sections
- Constitution of India: Articles 226, 227
- Maharashtra Village Panchayats Act, 1958: Section 35
- Bombay Village Panchayats Sarpanch and Up-Sarpanch (No Confidence Motion) Rules, 1975:
