JUDGMENT :

1. The petitioner, a directly elected Sarpanch, of village Panchayat Dhamandari, is aggrieved by her removal from the said post in the wake of no confidence motion passed in special meeting of the Gram Panchayat and it’s ratification in special Gram Sabha and the order passed by the Collector, declaring her to be disqualified to hold the post of Sarpanch.

2. Heard learned advocate Mr. Umakant B. Deshmukh for the petitioner, learned A.G.P. Mr. S.N. Morampalle for respondent Nos. 1 to 3 and learned advocate Mr. P.B. Rakhunde for respondent Nos. 4, 6 to 9 and 11.

3. The petitioner came to be elected as a Sarpanch directly from the villagers to occupy the seat reserved for Scheduled Tribe Woman. On her election, she continued to discharge her duties as Sarpanch.

During her stint as Sappanch the respondent Nos. 6 to 12 who are the members of the Gram Panchayat moved a no confidence motion against her on 4.5.2021 before the Tahsildar Kinwat. The motion being signed by six members alleged that they have lost confidence in the Sarpanch and requested for appointment of new Sarpanch.

Upon receipt of the requisition Tahsildar, Kinwat scheduled a special meeting of the Gram Sabha on 11.5.2021 and intimated the members of the Gram Sabha Dhamandari about the special meeting to be held for processing the requisition of no confidence. The meeting was accordingly held on 11.5.2021 which was presided by the Tahsildar Kinwat and the motion of no confidence came to be passed by majority of 6:2 (six in favour of motion and two against).

The proceedings of the meeting in which motion of no confidence are placed on record along with the petition. At the end of the meeting the Tahsildar declared that the requisition of no confidence has been passed by majority and since in terms of section 35 of the Maharashtra Village Panchayat Act, 1958 (for short ‘the Act’) it is held to have been passed by 3/4th majority. The proceedings were concluded.

4. Being aggrieved by the decision of Tahsildar in special meeting, the petitioner rushed to the Collector Nanded by filing an appeal by invoking section 35 of the Act and requested him to stay further process of removal and appointment of new Sarpanch. In the interregnum the meeting of the special Gram Sabha came to be held on 18.6.2021 and where the motion came to be ratified by simple majority. This exercise was undertaken in the wake of the amended provision i.e. Section 35 (1A) of the Act in respect of no confidence motion being moved against a Sarpanch directly elected under Section 30A-1A. On following the procedure of secret ballot, the votes came to be counted and 344 villagers voted in favour of the motion whereas 273 voted against it and 28 votes were found to be invalid. It was declared that the no confidence motion was held to be ratified.

5. The petitioner again filed an appeal before the Collector challenging the said action and the Collector by order dated 25.8.2021, dismissed the appeal and held that the resolution in the special meeting of Gram Panchayat dated 18.6.2021 was validly passed and the grievance of the petitioner did not warrant any consideration.

6. Being aggrieved, the present writ petition is filed.

Learned counsel for the petitioner Mr. Deshmukh has raised four points in support of the petition and I will deal with them in seriatim.

The no confidence motion passed in the Special Gram Sabha is passed only by simple majority and not by 3/4th majority is the first contention of Mr. Deshmukh.

The said contention do not warrant any merit in the wake of the amended provision of section 35(1A). By the Maharashtra Amendment Act No. 54 of 2018, w.e.f. 19.7.2017 the provision for direct election of Sarpanch came to be inserted in the Act by introducing section 30A-1A which provid for a Sarpanch to be elected directly from the villagers. Corresponding amendment is effected in section 35 of the Act, which is a provision for motion of no confidence and in sub-section (1), which provid