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Y. G. KHOBRAGADE, RAVINDRA V. GHUGE
Sow. Manjushatai Balaji Shete – Appellant
Versus
State of Maharashtra, Through its Secretary, Rural Development Department – Respondent
ORDER :
(Ravindra V. Ghuge, J.) :
1. Three persons are Petitioners before us, who are the elected members of the Grampanchayat Jambhala, Tq. Hadgaon Dist. Nanded. Respondent No.8 is the former Sarpanch of the said village, who suffered no confidence motion on 07.11.2023 by 3/4th majority. She was ousted. Thereafter, the post of Sarpanch has been put up for election scheduled on 14.12.2023. The post is reserved for ‘Scheduled Caste woman category’. Respondent No.8 is the only Scheduled Caste woman, amongst all the elected members of the Grampanchayat. This Petition has been filed by the Petitioners on an apprehension that she would again contest on 14th December, 2023 and being the sole Scheduled Caste Woman candidate, she would be again elected as a Sarpanch, unopposed.
2. The Petitioners submit that when Respondent No.8 Sarpanch was ousted by a no confidence motion, it would be unbecoming on her part to re-contest the election and under fortuitous circumstances, she would be surely elected, if she contests, as she is the only ‘Scheduled Caste woman’ elected member of the Grampanchayat. Reliance is placed upon the judgment of the learned Single Judge of the Punjab and Haryana High Cou
A Sarpanch removed by a motion of no-confidence is not statutorily barred from contesting a by-election for the same post under the Maharashtra Village Panchayats Act, 1959.
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....
If Sarapnach fails to call such meeting, the Secretary of the panchayat shall forthwith make a report thereof the competent authority and thereupon the competent authority shall call a meeting of the....
Legislative provisions regarding No Confidence Motions do not require debate; removal procedures must be adhered to, and gender protections under the Constitution do not exempt elected officials from....
No confidence motion applies to a nominated officiating Sarpanch under the Panchayati Raj Act, ensuring accountability in governance.
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 ac....
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....
Passing illegal resolution to divest Sarpanch of signing authority despite statutory bar and caution, and deferring welfare funds thereby, constitutes willful misconduct warranting removal of Up-Sarp....
The main legal point established in the judgment is that the removal of a Sarpanch or Naib Sarpanch must adhere to the prescribed procedure under the Panchayati Raj Act, and the will of the majority ....
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