Case Note & Summary
The Bombay High Court addressed three writ petitions challenging orders of the Additional Collector, Gadchiroli, which had set aside no-confidence motions passed against Sarpanchs of Gram Panchayats located in scheduled areas under the Maharashtra Village Panchayats Act, 1959. The no-confidence motions had been moved and passed by elected members of the Panchayats by absolute majority in special meetings presided over by the Tahsildar, in compliance with Section 35 of the Act. However, the Additional Collector allowed appeals under Section 35(3B) and set aside the motions on the ground that the procedure prescribed under Section 54D of the Act, which required a secret ballot at a special meeting of the Gram Sabha, had not been followed. The petitioners contended that Section 35 conferred an independent power on the Panchayat members, which was not subject to Section 54D. The High Court framed a single question of law: whether Section 54D(3) and (4) took away the power of elected members under Section 35(1) and (2) for scheduled area Panchayats. After examining the provisions, the court noted that Section 35 applied to elected members of the Panchayat, while Section 54D applied to members of the Gram Sabha, a larger body. The court emphasized that the legislature, while introducing Section 54D through an amendment, did not amend Section 35 or include a non-obstante clause, indicating no intention to override the existing power. Both provisions were held to be independent and supplementary, capable of operating without conflict. Consequently, the court quashed the Additional Collector's orders and upheld the no-confidence motions, making the rule absolute with no order as to costs.
Headnote
A) Local Self-Government - No-Confidence Motion - Parallel Provisions - Maharashtra Village Panchayats Act, 1959, Sections 35 and 54D - The power of elected Panchayat members to move a no-confidence motion under Section 35 is not abrogated by Section 54D, which provides an additional procedure through Gram Sabha for scheduled areas. Both provisions operate independently and the non-compliance with Section 54D does not invalidate a motion passed under Section 35 by absolute majority of Panchayat members. The Additional Collector erred in setting aside the no-confidence motions solely on the ground that the Gram Sabha procedure was not followed. Held: Writ petitions allowed and orders quashed (Paras 5-10).
Issue of Consideration
Whether the power of the elected members of the Panchayats under Section 35(1) and (2) of the Maharashtra Village Panchayats Act, 1959 to move and pass a no-confidence motion in the manner prescribed therein, is taken away by Section 54D(3) and (4), in respect of the Gram Sabhas and Panchayats included in the scheduled areas, as introduced in Chapter IIIA of the said Act with effect from 8-8-2003?
Final Decision
The writ petitions are allowed. The orders passed by the Additional Collector setting aside the no-confidence motions are quashed and set aside. The no-confidence motions passed by absolute majority under Section 35 of the Maharashtra Village Panchayats Act are upheld. Rule is made absolute with no order as to costs.
Law Points
- Legal points not extracted
- Section 35 of Maharashtra Village Panchayats Act confers independent power on elected Panchayat members to move no-confidence motion by absolute majority
- Section 54D provides an additional procedure through Gram Sabha for scheduled areas without repealing Section 35
- both provisions can operate independently
- legislature did not intend to divest Panchayat members of their statutory power
- non-compliance with Section 54D does not invalidate a motion passed under Section 35
Case Details
2026 LawText (BOM) (05) 141
Writ Petition No.2331 of 2013, Writ Petition No.5055 of 2014, and Writ Petition No.860 of 2015
Shri Aditya Satpute, Shri V.N. Morande, Shri S.V. Sirpurkar, Shri A.D. Sonak, Smt. R.A. Deshpande, Shri N.R. Bhishikar
Smt. Chaya w/o Sudhakar Madavi, Devnath s/o Rama Sonule, Ramesh s/o Lachama Pendam
Additional Collector, Gadchiroli; The Presiding Officer and Tahsildar; The Secretary, Village Gram Panchayat; various members of Gram Panchayats
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Nature of Litigation
Writ petitions challenging orders of the Additional Collector setting aside no-confidence motions passed against Sarpanchs of Gram Panchayats in scheduled areas.
Remedy Sought
Petitioners sought quashing of the Additional Collector's orders and restoration of the no-confidence motions passed by elected Panchayat members.
Filing Reason
The Additional Collector had allowed appeals against the no-confidence motions on the ground that the procedure under Section 54D of the Maharashtra Village Panchayats Act, requiring secret ballot in Gram Sabha, was not followed, even though the motions were passed under Section 35 by the Panchayat members.
Previous Decisions
The Tahsildar had presided over the special meetings where the no-confidence motions were passed by absolute majority. The Additional Collector, in appeals under Section 35(3B), set aside these motions holding that Section 54D procedure was mandatory for scheduled area Panchayats.
Issues
Whether the power of elected members of Panchayat under Section 35(1) and (2) of the Maharashtra Village Panchayats Act to move and pass a no-confidence motion is taken away by Section 54D(3) and (4) in respect of Gram Panchayats in scheduled areas.
Submissions/Arguments
The Additional Collector held that the no-confidence motion should have been passed by secret ballot in a special meeting of Gram Sabha under Section 54D.
The petitioners contended that Section 35 confers an independent power on the elected Panchayat members which is not subject to Section 54D.
Ratio Decidendi
Section 35 of the Maharashtra Village Panchayats Act, 1959, which empowers elected members of the Panchayat to move and pass a no-confidence motion by absolute majority, is not impliedly repealed or overridden by Section 54D, which provides a procedure for no-confidence motion through secret ballot in Gram Sabha for scheduled areas. Both provisions operate in their respective spheres and are supplementary; the legislature did not intend to divest Panchayat members of their statutory power under Section 35 by introducing Section 54D without amending Section 35. Therefore, a no-confidence motion passed strictly under Section 35 is valid even in a scheduled area Panchayat, irrespective of compliance with Section 54D.
Judgment Excerpts
Whether the power of the elected members of the Panchayats under Section 35(1) and (2) of the Maharashtra Village Panchayats Act, 1959 to move and pass a noconfidence motion in the manner prescribed therein, is taken away by Section 54D(3) and (4), in respect of the Gram Sabhas and Panchayats included in the scheduled areas, as introduced in Chapter IIIA of the said Act with effect from 882003?
In order to take away such power conferred upon the elected members of Panchayat as conferred by Section 35 of the said Act, it was necessary for the Legislature either to suitably amend the provision of Section 35 or to specifically incorporate a non-obstante clause in Section 54D. The Legislature has not done that.
Both the provisions can operate independently.
Procedural History
No-confidence motions were moved and passed by elected members of Gram Panchayats under Section 35 of the Maharashtra Village Panchayats Act, 1959. Appeals were filed before the Additional Collector under Section 35(3B) challenging the motions. The Additional Collector set aside the motions, holding that the procedure under Section 54D (requiring secret ballot in Gram Sabha) was not followed, as the Panchayats were in scheduled areas. The affected parties filed writ petitions before the High Court. The High Court framed a question of law and, after hearing, allowed the writ petitions, quashing the Additional Collector's orders and upholding the no-confidence motions.
Acts & Sections
- Maharashtra Village Panchayats Act, 1959: 35(1), 35(2), 35(3B), 54D(3), 54D(4), 2(14), 5, 9, 10
- Constitution of India: Article 243(g)
