Case Note & Summary
The petitioner, Gulab Pandu Chavan, was the Sarpanch of Grampanchayat Chidgiri, Tq. Bhokar, Dist. Nanded. A no-confidence motion was initiated against him, and a special meeting held on 17-02-2014 resulted in the motion being passed by seven votes against two. The petitioner challenged this outcome by filing Appeal No. 31 before the Additional Collector, Nanded, which was allowed. Subsequently, a fresh notice for a no-confidence motion was issued, leading to another special meeting on 30-09-2014 where the motion was again passed by seven votes against two. The petitioner filed Appeal No. 53 before the Additional Collector, who dismissed the appeal on 30-10-2014 under Section 35(3-B) of the Maharashtra Village Panchayat Act (MVP Act) for non-compliance with the pre-deposit requirement. The petitioner then filed the present writ petition. The High Court examined the provisions of Section 35(3-B) of the MVP Act, which mandates that no appeal shall be entertained unless the appellant deposits a sum as determined by the Collector. The Court noted that the petitioner had not complied with this mandatory requirement. The Court also considered the petitioner's argument that the earlier appeal had been allowed, but held that each appeal must independently satisfy the pre-deposit condition. The Court found no infirmity in the Additional Collector's order and dismissed the writ petition, upholding the dismissal of the appeal.
Headnote
A) Panchayat Law - No-Confidence Motion - Pre-Deposit Requirement - Section 35(3-B) Maharashtra Village Panchayat Act, 1959 - The petitioner Sarpanch challenged the dismissal of his appeal against a no-confidence motion. The Additional Collector rejected the appeal for non-compliance with the mandatory pre-deposit of costs under Section 35(3-B). The High Court held that the pre-deposit is a condition precedent for entertaining the appeal and the Collector's order was justified. (Paras 1-5)
Issue of Consideration
Whether the Additional Collector was justified in dismissing the appeal under Section 35(3-B) of the Maharashtra Village Panchayat Act for non-compliance with the pre-deposit requirement.
Final Decision
Writ petition dismissed; order of Additional Collector dated 30-10-2014 upheld
Law Points
- No-confidence motion
- Sarpanch
- Pre-deposit requirement
- Section 35(3-B) Maharashtra Village Panchayat Act
- Appeal dismissal
- Writ jurisdiction
