Case Note & Summary
The petitioner, Smt. Laxmibai Kiran Jaiswar, was the Sarpanch of Grampanchayat Kankrala. Certain members of the Grampanchayat sought to move a No Confidence Motion against her. A special meeting was convened on 20th February 2017 for this purpose. However, the petitioner challenged the notice for the meeting on the ground that a previous no confidence motion had been considered in a meeting held on 20th February 2016, and under Section 35(3-A) of the Bombay Village Panchayats Act, 1958, no fresh meeting could be held within one year from that date. The court examined the provision, which states that if a motion is not moved or is not carried by a majority, no fresh motion shall be moved within one year from the date of the meeting. The court held that the embargo applies irrespective of whether the earlier motion was actually moved or carried. Since the last meeting was on 20th February 2016, the fresh meeting on 20th February 2017 was exactly one year later, but the provision requires that the fresh meeting be held after the expiry of one year, not on the same date. Therefore, the meeting was invalid. The court quashed the notice for the special meeting and directed that no further steps be taken pursuant to it.
Headnote
A) Bombay Village Panchayats Act, 1958 - Section 35(3-A) - No Confidence Motion - Embargo on Fresh Meeting - The provision bars holding a fresh special meeting for considering a no confidence motion within one year from the date of the last meeting, regardless of whether the earlier motion was moved or not carried. The purpose is to ensure stability of the Sarpanch and prevent repeated motions. (Paras 2-4)
Issue of Consideration
Whether a fresh special meeting for considering a No Confidence Motion against the Sarpanch can be held before expiry of one year from the date of the last meeting, in view of the embargo under Section 35(3-A) of the Bombay Village Panchayats Act, 1958.
Final Decision
The court allowed the petition, quashed the notice dated 20th February 2017 for the special meeting to consider the No Confidence Motion, and directed that no further steps be taken pursuant to that notice.
Law Points
- Interpretation of Section 35(3-A) of Bombay Village Panchayats Act
- 1958
- Embargo on fresh no confidence motion within one year
- Purpose of provision to ensure stability of Sarpanch
Case Details
2017 LawText (BOM) (02) 34
Writ Petition No.2437 of 2017
Shri S.S. Thombre for petitioner, Shri S.R. Yadav, A.G.P. for respondent Nos.1 to 3
Smt. Laxmibai Kiran Jaiswar
The State of Maharashtra through its Principal Secretary, Rural Development Department, Mumbai; The Additional Collector, Aurangabad; The Tahsildar, Soygaon and Returning Officer for Elections to Sarpanch of Grampanchayat, Kankrala; The Gramsevak, Grampanchayat, Kankrala; Shivdas s/o Lalchand Rajput; Samadhan s/o Tukaram Patil; Shantabai Santosh Shinde; Archanabai Pravin Gusinge; Sangitabai Surajmal Dhakre
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging notice for special meeting to consider No Confidence Motion against Sarpanch.
Remedy Sought
Petitioner sought quashing of notice dated 20th February 2017 for special meeting to consider No Confidence Motion.
Filing Reason
Petitioner contended that a fresh No Confidence Motion meeting could not be held within one year from the date of the last meeting held on 20th February 2016, as per Section 35(3-A) of the Bombay Village Panchayats Act, 1958.
Issues
Whether a fresh special meeting for considering No Confidence Motion against Sarpanch can be held before expiry of one year from the date of the last meeting under Section 35(3-A) of the Bombay Village Panchayats Act, 1958.
Submissions/Arguments
Petitioner argued that the embargo under Section 35(3-A) prohibits a fresh meeting within one year from the date of the last meeting, and the meeting on 20th February 2017 was exactly one year later, thus invalid.
Respondents did not contest the petition; the A.G.P. appeared for respondent Nos.1 to 3 and waived notice.
Ratio Decidendi
Section 35(3-A) of the Bombay Village Panchayats Act, 1958 imposes an embargo on holding a fresh special meeting for considering a no confidence motion within one year from the date of the last meeting. The provision is intended to ensure stability of the Sarpanch and prevent repeated motions. The embargo applies irrespective of whether the earlier motion was moved or carried. A meeting held exactly one year after the previous meeting is not permissible as the period of one year must have expired.
Judgment Excerpts
The question involved in this petition is as to whether or not a fresh special meeting for considering passing of No Confidence Motion against the Sarpanch i.e. the petitioner could be held even before expiry of period of one year from the date of holding of the last meeting in view of the embargo placed on holding of such meeting, under Section 35(3-A) of the Bombay Village Panchayats Act, 1958.
If the motion is not moved or is not carried by a majority of not less than two third of the total number of members of the Panchayat, no fresh motion shall be moved within one year from the date of the meeting.
Procedural History
The petitioner filed a writ petition challenging the notice for a special meeting to consider a No Confidence Motion. The court heard the matter on 21st February 2017 and delivered an oral judgment allowing the petition.
Acts & Sections
- Bombay Village Panchayats Act, 1958: 35(3-A)
