The main legal principle established is that the provision for a no confidence motion against a directly elected Sarpanch is rational, reasonable, and in line with democratic principles, providing accountability and a check and balance mechanism.

JUDGMENT :

S.V. Gangapurwala, J.

1. The petitioner is a directly elected Sarpanch of the Gram Panchayat, Bavi, Tal. Shirur Kasar, Dist. Beed. No confidence motion is passed against him by the members of the Gram Panchayat.

2. The petitioner by filing the present writ petition has assailed the vires of section 35(1-A) of the Maharashtra Village Gram Panchayat Act, 1959 (in short ‘Village Panchayat Act’) to the extent of giving authority to the members of the Gram Panchayat to move no confidence motion against directly elected Sarpanch.

3. Mr. Thombre, the learned counsel for the petitioner submits that pursuant to section 30-A(1-A) of the Village Gram Panchayat Act, the petitioner is elected as a Sarpanch by persons whose names are included in the list of voters for the Gram Panchayat, Bavi. The petitioner is not elected by the members of the Gram Panchayat, but by the villagers. As the petitioner is elected by the villagers and not by the members of the Gram Panchayat, the members of the Gram Panchayat cannot exercise powers to move a motion of no confidence against him. According to the learned counsel, it is only people, who elect would have power to move motion of no confidence. The same would be necessary so that the Sarpanch is allowed to function without the interference of the persons, who enjoy political patronage of the various political parties.

4. The learned counsel submits that under section 35(1-A) of the Village Gram Panchayat Act, the powers are given to the members of the Gram Panchayat to pass a motion of no confidence. The same is against the very purpose and the object for which the provision of section 30-A(1-A) of the Maharashtra Village Panchayat Act is introduced. The learned counsel submits that if these members of the Gram Panchayat are allowed to exercise powers to move no confidence motion against the directly elected Sarpanch, then, the handful members of the Gram Panchayat would be sitting over the mandate of the entire village. The same would be unreasonable, irrational and not in consonance with the object of directly electing Sarpanch by the majority of the villagers. The learned counsel submits that the proviso to section 35(1-A) of the Village Gram Panchayat Act to that extent, is arbitrary and violative of Article 14 of the Constitution.

5. Mr. D.R. Kale, the Incharge Additional Government Pleader submits that the members of the Gram Panchayat are aware of the functioning of the Gram Panchayat and the manner of working of the Sarpanch. In view of that, the members of the Gram Panchayat would exercise their right. Even otherwise, the motion of no confidence moved by the members of the Panchayat has to be ratified by the Gram Sabha and unless the same is ratified by the Gram Sabha, the motion of no confidence does not come into effect. So eventually, power vests with the villagers, who have elected Sarpanch to express their no confidence. The provision is perfectly legal and the same is not arbitrary.

6. We have considered the submissions canvassed by the learned counsel for the parties.

7. Before we proceed to deal with the submissions canvassed by the learned counsel for the parties, it would be appropriate to reproduce the provisions under section 30-A-1-A and section 35(1-A) of the Village Panchayat Act:

30A-1A. Direct election of Sarpanch:

(1) After the date of commencement of the Maharashtra Village Panchayats (Amendment) Act, 2017 (Mah. LIV of 2018) in respect of the Panchayat to which the general election is to be held, subject to provisions of sub-sections (4), (5) and (6) of section 30, every Panchayat shall have a Sarpanch who shall be elected by the persons whose names are included in the list of voters for village under section 12.

(2) Election of the Sarpanch shall be held simultaneously with the general elections of the Panchayat and the procedure regarding holding of elections to the Panchayat shall, mutatis mutandis, apply to such election.

(3) If at an election, no Sarpanch is elected, a