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SUNIL B. SHUKRE, G. A. SANAP
Yogendra S/o. Jituji Rangari – Appellant
Versus
Collector Nagpur – Respondent
JUDGMENT
SUNIL B.SHUKRE,J. - Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel for the parties.
2. Shri M. I. Dhatrak, learned counsel for respondent Nos.2 and 3 has taken a preliminary objection regarding maintainability of this petition on account of non-joinder of necessary party. He submits that during the pendency of this petition, no confidence motion against the petitioner was passed and thereafter, the election for the post of Vice President, which had fallen vacant due to removal of the petitioner as Vice President of Municipal Council, Kanhan Pipri by passing of vote of no confidence, was held and another person was elected. He submits that at a time when no confidence motion against the petitioner was just passed and meeting for electing the new Vice President was about to be held, the petitioner was present and was aware of the election of another person in his place as a Vice President of Municipal Council and yet the petitioner has not joined him as party respondent.
3. Shri Firdos Mirza, learned counsel for the petitioner opposing the preliminary objection submits that there was no need for joining the newly elected Vice Pres
The main legal point established in the judgment is that a no confidence motion must be passed by a minimum of two-thirds majority of the total number of elected Councillors and must be proposed and ....
Compliance with statutory provisions and loss of confidence of the majority Councillors are crucial in passing a motion of no-confidence under Section 55-1A of the Act of 1965.
A no-confidence motion against a municipal Vice-Chairperson is valid without the necessity of specific reasons in the resolution, and adherence to statutory notice requirements fulfills procedural ju....
The main legal point established in the judgment is that Rules 1959 apply to the meeting of a no-confidence motion, and the essential requirements for passing a no-confidence motion include the prese....
The Collector is obligated to convene a meeting forthwith upon receipt of a valid requisition for a no-confidence motion, without examining the veracity of the allegations.
Quorum is essential for a no-confidence motion in local governance; lack of quorum renders a vote null.
No obligation on the Collector to verify allegations in no-confidence requisition; statutory compliance is sufficient.
The main legal point established in the judgment is that the 'Motion of No Confidence' must fulfill the mandatory requirements set out in Section 35 of the Maharashtra Village Panchayats Act, 1959, a....
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