K.K. Tated, J.

1. Heard learned counsel for the parties.

2. In these Letters Patent Appeals, common question of law has been argued and, therefore, we are disposing of the same by this common judgment. Each of these Appeals challenge the order passed by the learned single Judge dated 26th July, 2011 and 11th December, 2012 by which their Writ Petitions challenging the order of the Collector and the Commissioner of the concerned districts dismissing the dispute and the Appeals which were preferred to question the no confidence motion passed against

Appellants herein were dismissed.

3. The Appellants are either the Sarpanch or Up-Sarpanch of the concerned Gram Panchayats. In terms of the statutory provisions the members of the Panchayat are entitled to bring a motion of no confidence against the Sarpanch or the Up-Sarpanch. The statutory provision in that regard is in section 35 of the Bombay Village Panchayats Act, 1958 (for short “the said Act”) which reads thus:-

“35. Motion of no confidence. -

(1) A motion of no confidence may be moved by not less than (one-third) of the total number of the members, who are for the time being entitled to sit and vote at any meeting of the panchayat against the Sarpanch or the Upa-Sarpanch after giving such notice thereof to the Tahsildar as may be prescribed. (Such notice once given shall not be withdrawn).

(2) Within seven days from the date of receipt by him of the notice under sub-section (1), the Tahsildar shall convene a special meeting of the panchayat for considering the motion of no confidence at the office of the panchayat at a time to be appointed by him and he shall preside over such meeting. At such special meeting, the Sarpanch or the Upa-Sarpanch against whom the motion of no confidence is moved shall have a right to speak or otherwise to take part in the proceedings at the meeting (including the right to vote).

(3) If the motion is carried by a majority of not less than two-third of, the total number of the members who are for the time being entitled to sit and vote at any meeting of the panchayat, the Sarpanch or the Upa-Sarpanch, as the case may be, shall cease to hold office after seven days from the date on which the motion was carried unless he has resigned earlier or has disputed the validity of the motion so carried as provided in subsection (3B); and thereupon the office held by such Sarpanch or Upa-Sarpanch shall be deemed to be vacant.

Provided that, where the office of the Sarpanch being reserved for a woman, is held by a woman Sarpanch, such motion of no-confidence shall be carried only by a majority of not less than three-fourth of the total number of the members who are for the time being entitled to sit and vote at any meeting of the panchayat.

Provided further that no such motion of no confidence shall be brought within a period of six months from the date of election of Sarpanch or Upa-Sarpanch.

(3-A) If a motion is not moved or is not carried by a majority of not less than two-third of or, as the case may be, three-fourth, of the total number of the members who are for the time being entitled to sit and vote at any meeting of the panchayat, no such fresh motion shall be moved against the Sarpanch, or, as the case may be, the Upa-Sarpanch within, a period of one year from the date of such special meeting.

(3-B) If the Sarpanch or, as the case may be, the Upa-Sarpanch desires to dispute the validity of the motion carried under sub-section (3), he shall, within seven days from the date on which such motion was carried, refer the dispute to the Collector who shall decide it, as far as possible, within fifteen days from the date on which it was received by him; and any such decision shall, subject to an appeal under sub-section (3-C), be final.

(3-C) Any person aggrieved by the decision of the Collector may, within seven days from the date of receipt of such decision, appeal to the Commissioner who shall decide the appeal, as far as possible, wi