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G. S. PATEL, KAMAL KHATA
Vitthal Rajaram Shitole – Appellant
Versus
Collector, Pune – Respondent
JUDGMENT
GS Patel, J.
1. The Petitioner was the Sarpanch of the Gram Panchayat Koregaonmul. For a time, he believed he enjoyed not just the friendship but the political support of Respondents Nos 9 to 13. But he was soon disabused of these notions for, at a meeting to consider a motion of no confidence, Respondents Nos 9 to 13 voted against the Petitioner. Had they not, they would undoubtedly have continued to be the best of friends. But since they did, the Petitioner now contends that his former friends and supporters were disqualified as members of the Gram Panchayat and could not have voted at all on that No Confidence Motion (“NCM”). If their votes are discounted, the motion of no confidence is not pass with the statutorily mandated majority and the Petitioner continues as the Sarpanch.
2. The entirety of the Petition therefore is, in one line, this: “with you or without you, I am the Sarpanch”.
3. The facts are only three. The arguments are many. Elections were held to the Gram Panchayat on 15th January 2021. The results were declared on 18th January of that year, and 13 perso
A person who has ceased to be a member because of automatic disqualification, cannot continue as Sarpanch of Gram Panchayat.
The mandatory nature of Section 10(1-A) of the Maharashtra Village Panchayats Act, 1959, and the retrospective termination of the election as per the statute, emphasizing the statutory limitations on....
Gram Panchayat members with caste validity certificates obtained and submitted prior to or soon after election are not automatically disqualified under Section 10(1A) and can validly participate in n....
The main legal point established in the judgment is the necessity of ratification in the Gram Sabha for a no confidence motion passed against a directly elected Sarpanch, as per the amended provision....
Immunity against No Confidence Motion is calculated from the date of election of the first Sarpanch, not subsequent elections, ensuring stability in the democratic process.
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....
The main legal point established in the judgment is that the submission of the validity certificate within the stipulated period under Section 51-1B of the Act 1965, and the applicability of Section ....
The immunity from no confidence motions under the Maharashtra Village Panchayats Act applies to the post of Sarpanch, not the individual, allowing motions against subsequent Sarpanchs within the stip....
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