Case Note & Summary
The petitioners, members of Gram Panchayat Bhoyni, challenged the order dated 04/09/2015 passed by the Additional Collector, Washim, which allowed the appeal of respondent No.4 (the Sarpanch) and set aside the no-confidence motion passed against him on 12/03/2015. The Sarpanch was elected as Sarpanch of the Gram Panchayat. A requisition for a no-confidence motion was made, and a notice dated 05/03/2015 was issued convening a special meeting on 12/03/2015. The notice was sought to be served on the Sarpanch but was received by one Bhaurao @ Bharat Gulab Rathod, who was a relative but not a family member and not authorized to accept. The meeting was held on 12/03/2015 and the motion was carried. The Sarpanch filed an appeal under Section 35(3B) of the Maharashtra Village Panchayats Act, 1959. Initially, the Additional Collector dismissed the appeal on 04/06/2015, but the Sarpanch filed W.P.No.3231 of 2015, and by judgment dated 31/07/2015, the appellate order was set aside and the matter was remitted for fresh consideration. After remand, the Additional Collector allowed the appeal on 04/09/2015, setting aside the no-confidence motion on the ground that the notice was not validly served. The petitioners argued that the notice was duly served as the Sarpanch was informed on his mobile phone and his relative accepted the notice. The court held that service on a relative who is not a family member and not authorized to accept does not constitute valid service. The court found that the Additional Collector's order was correct and dismissed the writ petition, upholding the setting aside of the no-confidence motion.
Headnote
A) Panchayati Raj - No-Confidence Motion - Service of Notice - Section 35(3B) of Maharashtra Village Panchayats Act, 1959 - Validity of service of notice of special meeting for no-confidence motion on a relative who is not a family member and not authorized to accept - Held that such service is not valid as it does not comply with the requirement of personal service or service on an authorized family member. The court set aside the order allowing the appeal and restored the no-confidence motion. (Paras 1-7)
Issue of Consideration
Whether the service of notice of a special meeting for a no-confidence motion on a relative who is not a family member and not authorized to accept constitutes valid service under the Maharashtra Village Panchayats Act, 1959.
Final Decision
Writ petition dismissed. Order of Additional Collector dated 04/09/2015 setting aside no-confidence motion upheld.
Law Points
- Service of notice
- No-confidence motion
- Sarpanch
- Gram Panchayat
- Maharashtra Village Panchayats Act
- 1959
- Section 35(3B)
- Natural justice
- Valid service
- Personal service
- Family member
- Authorized agent
