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2018 Supreme(Bom) 359

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.D. DHANUKA, J.
Raviraj Sambhajirao Nimbalkar - Appellant
Versus
The Tahsildar, Bhudargad Chief Executive Officer & Others – Respondent
Writ Petition No. 2685 of 2018
Decided on : 28-03-2018

Advocates:
Advocate Appeared:
For the Petitioner:Pandit Kasar, Advocate.
For the Respondents:S.H. Kankal, Tanaji Mhatugade, Advocate.

Headnote:

Maharashtra Village Panchayats Act, 1959 – Section 35(1) - Election - Seeking permanent injunction - Ad-interim injunction - petitioner was elected as a member of the said gram panchayat and was subsequently elected as the Sarpanch of the said gram panchayat - On requisite number of members of the said gram panchayat issued a notice to the learned Tahsildar District under Section 35(1) to call a meeting for tabling a no confidence motion against the petition on ground that the petitioner was arbitrarily conducting administration of the said gram panchayat and on other ground - On learned Tahsildar issued a notice - A notice of the said meeting was served upon the petitioner. The meeting was accordingly held on to consider a no confidence motion against the petitioner - Held, A perusal of the record further indicates that there were several allegations made against the petitioner in the notice for moving a motion of no confidence under Section 35(1) of said Act before the learned Tahsildar - Out of 9 gram panchayat members were present in the said meeting held on and passed the said no confidence motion against the petitioner and recorded various reasons in the said resolution of no confidence motion passed against the petitioner. In court view said resolution was passed in accordance with law and in compliance with all the mandatory conditions prescribed under Section 35 of said Act said resolution was admittedly passed by requisite majority prescribed under Section 35(1) of said Act - This Court in catena of decisions has held that the wish of the majority has to be considered while considering a challenge to the no confidence motion against a member including Sarpanch of the gram panchayat - Writ Petition dismissed

JUDGMENT :

1. Rule. The learned AGP waives service for respondent nos. 1 and 11. The learned counsel appearing for respondent nos. 3 to 9 waives service. Other respondents are absent though served.

2. The matter is heard finally by consent of the parties who are present. Some of the relevant facts for the purpose of deciding this petition are as under.

3. Sometime in the year 2015, election for the grampanchayat of Maoje, Kalnakwadi, Taluka Bhudargad, District Kolhapur was conducted. The petitioner was elected as a member of the said grampanchayat and was subsequently elected as the Sarpanch of the said grampanchayat.

4. On 21st November, the requisite number of members of the said grampanchayat issued a notice to the learned Tahsildar of Bhudargad, District Kolhapur under Section 35(1) to call a meeting for tabling a no confidence motion against the petitioner, on the ground that the petitioner was arbitrarily conducting administration of the said grampanchayat and on other grounds. On 23rd November, 2017, the learned Tahsildar issued a notice under the provisions of the Maharashtra Village Panchayats Act, 1959 for calling a meeting. A notice of the said meeting was served upon the petitioner. The meeting was accordingly held on 27th November, 2017 to consider a no confidence motion against the petitioner.

5. The petitioner filed a Regular Civil Suit No. 943/2017 thereby impugning the said notice dated 23rd November, 2017 issued by the learned Tahsildar before the learned Civil Judge Senior Division of Kolhapur seeking permanent injunction against the learned Tahsildar, Bhudargad from conducting meeting on 27th November, 2017 and inter alia praying for declaration that the said notice dated 23rd November, 2017 issued by the learned Tahsildar was null and void. The learned Civil Judge Senior Division issued a notice to the defendants to the said suit and granted ad-interim stay which was in force till 28th November, 2017. The learned Tahsildar was informed about the said ad-interim order by the learned Government pleader. In view of the said communication received by the learned Tahsildar, no decision in the said meeting of passing a no confidence motion could be taken against the petitioner. On 28th November, 2017, the ad-interim injunction granted by the learned Civil Judge Senior Division came to an end. In the said suit, the learned Tahsildar and the learned Collector had filed an affidavit placing various facts on record and for opposing the said relief claimed by the petitioner.

6. The learned Tahsildar issued a notice on 29th November, 2017 for conducting a meeting for tabling the said no confidence motion against the petitioner on 30th November, 2017 at 10.30 a.m. at Grampanchayat office of Mauje, Kalnakwadi, Taluka Bhudargad, District Kolhapur. It is the case of the petitioner that the said notice dated 29th November, 2017 was not served upon the petitioner, though he was available in the grampanchayat office whole day on 29th November, 2017.

7. On 30th November, 2017, the petitioner did not attend the said meeting held by the learned Tahsildar on 30th November, 2017. In the said meeting, seven members were present out of nine and voted against the petitioner and passed a motion of no confidence on various grounds against the petitioner.

8. Being aggrieved by the said resolution of no confidence motion passed against the petitioner on 30th November, 2017, the petitioner preferred an appeal i.e. Gram Panchayat Appeal No. 60/2017 before the learned Collector of Kolhapur under the provisions of Maharashtra Village Panchayats Act, 1959. By an order dated 2nd February, 2018, the learned Collector of Kolhapur dismissed the said appeal filed by the petitioner and held that the said meeting dated 30th November, 2017 conducted by the learned Tahsildar, Bhudargad, District Kolhapur was conducted after following the due procedure of law and further held that the said motion of no confidence passed against the petitioner was valid and le































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