Case Note & Summary
The petitioner, Bhaskar s/o Laxmanrao Kadam, was the Sarpanch of Grampanchayat Nivgha (Bazar), Taluka Hadgaon, District Nanded. A special meeting was held on 25th March, 2013, presided over by the Tahsildar, Hadgaon, wherein a no-confidence motion against the petitioner was carried and a resolution was passed. The petitioner challenged this resolution by filing a dispute before the Additional Collector, Nanded, under section 35(3-B) of the Maharashtra Village Panchayats Act, 1958. The Additional Collector dismissed the dispute by judgment and order dated 17th June, 2013. Aggrieved, the petitioner filed a writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Bench at Aurangabad. The petitioner contended that the special meeting and the resolution were illegal and not in accordance with the Act. The respondents, including the Additional Collector, Grampanchayat, Tahsildar, and other members, supported the order. The High Court heard the counsels for all parties. The court examined the provisions of the Act and the facts. It found that the special meeting was validly convened and presided over by the Tahsildar, and the no-confidence motion was passed in accordance with law. The court held that there was no merit in the petition and dismissed it. The judgment was pronounced on 29th July, 2013, by Justice R.G. Ketkar.
Headnote
A) Panchayati Raj - No-Confidence Motion - Validity of Special Meeting - Section 35(3-B) Maharashtra Village Panchayats Act, 1958 - The petitioner challenged the no-confidence motion passed against him as Sarpanch in a special meeting presided over by the Tahsildar. The Additional Collector dismissed the dispute. The High Court upheld the order, finding no infirmity in the proceedings. Held that the motion was validly passed and the petition was dismissed. (Paras 2, 3)
Issue of Consideration
Whether the no-confidence motion passed against the petitioner as Sarpanch in the special meeting dated 25th March, 2013, presided over by the Tahsildar, was valid and in accordance with the Maharashtra Village Panchayats Act, 1958.
Final Decision
The High Court dismissed the writ petition, upholding the order of the Additional Collector, Nanded, and the validity of the no-confidence motion passed in the special meeting dated 25th March, 2013.
Law Points
- No-confidence motion against Sarpanch
- Special meeting presided by Tahsildar
- Section 35(3-B) Maharashtra Village Panchayats Act
- 1958
- Writ jurisdiction under Articles 226 and 227
- Challenge to resolution passed in special meeting
Case Details
2013 LawText (BOM) (07) 19
WRIT PETITION NO.5234 OF 2013
Mr M.V. Ghatge (holding for Mr B.N. Gadegaonkar) for petitioner; Mr K.M. Suryawanshi, A.G.P. for respondent nos.1 & 3; Mr B.G. Deshmukh for respondent no.2; Mr V.J. Dixit, Senior Advocate with Mr P.B. Rakhunde for respondents no.4 to 12; Mr M.R. Sonawane for respondents no.13 to 15
Bhaskar s/o Laxmanrao Kadam
The Additional Collector, Nanded; Grampanchayat Office, Nivgha (B); Tahsildar, Hadgaon; Ranjanabai w/o Balaji Ambhore; Sunitabai w/o Venkatesh Ganewar; Gangabai w/o Satwa Asalkar; Sadashiv s/o Dagadu Paikwar; Dilip s/o Shrirang Deshmukh; Sahebrao s/o Narayanrao Matalkar; Shaikh Ismail Shaikh Musa; Sahebrao s/o Tukaram Dhondage; Sandip s/o Uttamrao Kadam; Kashirao s/o Govindrao Kadam; Kavita w/o Dilip Paikrao; Anitabai w/o Gopal Matalkar
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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 against no-confidence motion.
Remedy Sought
Petitioner sought quashing of the judgment and order dated 17th June, 2013 passed by Additional Collector, Nanded, and the resolution passed in special meeting dated 25th March, 2013.
Filing Reason
Petitioner challenged the validity of the no-confidence motion passed against him as Sarpanch in a special meeting presided over by Tahsildar.
Previous Decisions
The Additional Collector, Nanded, dismissed the dispute filed by the petitioner under section 35(3-B) of the Maharashtra Village Panchayats Act, 1958, by order dated 17th June, 2013.
Issues
Whether the no-confidence motion passed against the petitioner as Sarpanch in the special meeting dated 25th March, 2013, was valid and in accordance with the Maharashtra Village Panchayats Act, 1958.
Submissions/Arguments
Petitioner argued that the special meeting and resolution were illegal and not in accordance with the Act.
Respondents supported the order of Additional Collector, contending that the motion was validly passed.
Ratio Decidendi
The no-confidence motion against the Sarpanch was validly passed in a special meeting presided over by the Tahsildar in accordance with Section 35(3-B) of the Maharashtra Village Panchayats Act, 1958, and the Additional Collector correctly dismissed the dispute.
Judgment Excerpts
By this petition under Articles 226 and 227 of the Constitution of India, the petitioner has challenged the judgment and order dated 17th June, 2013, passed by the Additional Collector, Nanded, in dispute styled as an appeal preferred by him under section 35 (3-B) of the Maharashtra Village Panchayats Act, 1958.
Procedural History
The petitioner filed a dispute before the Additional Collector, Nanded, under section 35(3-B) of the Maharashtra Village Panchayats Act, 1958, challenging the no-confidence motion passed in the special meeting dated 25th March, 2013. The Additional Collector dismissed the dispute on 17th June, 2013. The petitioner then filed the present writ petition under Articles 226 and 227 of the Constitution of India before the Bombay High Court, Bench at Aurangabad, which was heard and dismissed on 29th July, 2013.
Acts & Sections
- Maharashtra Village Panchayats Act, 1958: 35(3-B)
- Constitution of India: 226, 227
