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A. S. CHANDURKAR, VRUSHALI V. JOSHI
Shailesh S/o Davduji Gabhane – Appellant
Versus
Collector, Bhandara – Respondent
JUDGMENT :
A.S. CHANDURKAR, J.
1. Rule. Rule made returnable forthwith and heard the learned counsel for the parties.
2. Challenge raised in the present writ petition is to the motion of no-confidence dated 26.12.2022 that has been moved against the petitioner who was holding the post of Vice-President at Nagar Panchayat, Mohadi. The said motion is challenged as being contrary to the provisions of Section 55-1A of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965 (for short, the Act of 1965).
3. Nagar Panchayat, Mohadi comprises of 19 Councillors of which 17 are elected and 2 are nominated. In the First General Body Meeting of the Nagar Panchayat, Mohadi, the petitioner was elected as its Vice-President on 19.01.2022. 9 elected Councillors not being satisfied with the discharge of functions as Vice-President moved a requisition on 20.12.2022 against the petitioner proposing to move a motion of no-confidence against him. On 21.12.2022 the President of the Municipal Council convened a special meeting on 26.12.2022 for considering the requisition. In the special meeting held on 26.12.2022 a motion of no-confidence came to be moved. 12 Councillors vote
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.
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 ....
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 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.
The main legal point established in the judgment is that the notice for the no confidence motion was issued in accordance with the provisions of the Odisha Panchayat Samiti Act, 1959, and therefore d....
Point of Law : Duty of the Chairman/Vice-Chairman to face the no-confidence motion, as they were elected office-bearers and if they had lost the confidence of the majority to continue as such office-....
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