The main legal point established is the necessity for the Collector to decide disputes regarding the validity of a no confidence motion as per the provisions of the Maharashtra Village Panchayats Act, without being influenced by the resolutions passed by the Gram Sabha.

JUDGMENT

1 The learned AGP tenders affidavit-in-reply across the bar, copy of which is given to the learned Counsel for the petitioners. The same is taken on record.

2 The learned Counsel for the Respondents No.3 to 8 submits that during pendency of these two writ petitions, in terms of the directions issued by the Collector while passing the impugned order, the Gram Sabha was conducted by the concerned Block Development Officer and majority of the members of the Gram Sabha voted in favour of No Confidence Motion.

3 The learned Counsel for the petitioners, in terms of the ratio laid down by the Division Bench of this Court in the case of Mrs.Samidha Janardan Kudalkar Vs. State of Maharashtra & others, (Writ Petition St.No.98737 of 2020, decided on 22nd December, 2020) seeks leave to add prayer clause pertaining to the decision taken by the Gram Sabha on 21st February, 2021.

4 Leave granted.

5 The petitioners, in these two writ petitions, are Sarpanch and Upa-Sarpanch, respectively. The petitioner in Writ Petition No.214 of 2021 is a directly elected Sarpanch of the Gram Panchayat. The members of the Gram Panchayat have moved motion of No Confidence and accordingly the Tahsildar concerned has called meeting of the Panchayat for considering the said No Confidence Motion. Notice of the meeting was issued on 07.08.2020 and the Special Meeting was held on 13.08.2020. In the said meeting, the motion of No Confidence was passed against the petitioners, who are Sarpanch and Upa-Sarpanch, respectively, by majority of votes. It further appears that since the petitioner in W.P.No.214 of 2021 is a directly elected Sarpanch, in terms of the provisions of amended clause (b) of Sub-section (1A) of Section 35 of the Maharashtra Village Panchayats Act, (for short, 'the Act') if the motion of No Confidence is carried 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, the Sarpanch or the Upa-Sarpanch, as the case may be, and ratified before the special Gram Sabha by the secret ballot in the presence and under the Chairmanship of the Officer appointed for the purpose by the Collector, shall forthwith stop, exercising all the powers and, performing all the functions and duties of the office. So far as Upa-Sarpanch is concerned, the said amendment by way of sub-section (1A) is applicable to the Sarpanch directly elected and not to the Upa-Sarpanch.

6 The petitioners, in both these writ petitions, in terms of Section 35 (3-B) of the Act raised Disputes challenging validity of the Motions before the Collector by filing two separate applications. By order dated 31st December, 2020, the Collector, Osmanabad, has passed identical two separate orders directing to arrange the special meeting of the Gram Sabha and further appointed the Block Development Officer, Panchayat Samiti, Tulzapur, as Presiding Officer to conduct the said special meeting of Gram Sabha.

7 The learned Counsel for the petitioners submits that so far as petitioner- Upa Sarpanch is concerned, no such directions are required to ratify the resolution of No Confidence Motion passed in the meeting by the Gram Panchayat. So far as petitioner -Sarpanch is concerned, the learned Counsel submits that in terms of Section 35 (3-B) of the Act, it is for the Collector to decide the validity of No Confidence Motion referred to him by way of disputes raised by the petitioners and in view of the same, direction issued by the Collector directing to conduct Special Gram Sabha meeting is highly unwarranted and uncalled for.

8 The learned Counsel submits that during pendency of these writ petitions, the Block Development Officer has conducted special meeting of Gram Sabha in terms of the directions issued by the Collector and accordingly, the majority of members of the Gram Sabha ratified the No Confidence Motion passed in the Gram Panchayat meeting. The learned Counsel submits that by these writ petit