Case Note & Summary
The petitioner, Manjulabai Govind Dhumal, was the Sarpanch of Grampanchayat Kantekur, Taluka Omerga, District Osmanabad. The Grampanchayat consisted of eight elected members and the Sarpanch, totaling nine members. On 22-08-2014, five members (respondent Nos. 3 to 7) submitted their resignations to the petitioner. However, on 10-09-2014, these five members along with respondent Nos. 8 and 9 submitted a requisition to the Tahsildar to introduce a no-confidence motion against the petitioner. The Tahsildar issued a notice on 11-09-2014 convening a special meeting on 16-09-2014 under Section 35 of the Maharashtra Village Panchayat Act, 1959 (MVP Act). The petitioner informed the Tahsildar on 12-09-2014 that five members had resigned and thus could not participate. Despite this, the special meeting was held, and the no-confidence motion was passed with seven votes in favor (including the five resigned members) and one against. The petitioner challenged the motion, arguing that the resignations took effect immediately under Section 35(3A) of the MVP Act, and the resigned members were not eligible to vote. The court examined Section 35(3A), which states that a resignation submitted to the Sarpanch takes effect immediately. The court held that the five members ceased to be members from 22-08-2014, and their participation in the no-confidence motion was invalid. Consequently, the motion lacked the requisite majority and was quashed. The court allowed the writ petition, setting aside the no-confidence motion and restoring the petitioner as Sarpanch.
Headnote
A) Panchayat Law - Resignation of Members - Section 35(3A) Maharashtra Village Panchayat Act, 1959 - Resignation takes effect immediately upon submission to Sarpanch - The court held that the resignation of five members submitted on 22-08-2014 took effect immediately, and they ceased to be members from that date. Their subsequent participation in the no-confidence motion on 16-09-2014 was invalid, rendering the motion void ab initio (Paras 6-10). B) Panchayat Law - No-Confidence Motion - Invalid Votes - Section 35 Maharashtra Village Panchayat Act, 1959 - No-confidence motion passed with votes of resigned members is illegal - The court held that since the five resigned members were not valid members, the motion lacked the requisite majority and was liable to be quashed (Paras 10-12).
Issue of Consideration
Whether the resignation of Grampanchayat members takes effect immediately upon submission to the Sarpanch under Section 35(3A) of the Maharashtra Village Panchayat Act, 1959, and whether such resigned members can validly participate in a no-confidence motion against the Sarpanch.
Final Decision
The court allowed the writ petition, quashed the no-confidence motion passed on 16-09-2014, and restored the petitioner as Sarpanch of Grampanchayat Kantekur.
Law Points
- Resignation takes effect immediately upon submission to Sarpanch under Section 35(3A) of MVP Act
- Resigned members cannot participate in no-confidence motion
- No-confidence motion passed with invalid votes is void ab initio
