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MADHAV J. JAMDAR
Prajakta Prabhakar Kadu Up-Sarpanch of Gram-Panchayat Shedsai – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Heard Ms. Sonali Jadhav, learned counsel appearing for the Petitioner, Mr. A. P. Vanarase, learned AGP appearing for the State/Respondent Nos. 1 to 3 and Mr. Naphade, learned counsel appearing for Respondent No.4-Sarpanch.
2. By way of the present Writ Petition filed under Article 227 of the Constitution of India the Petitioner is challenging the legality and validity of the order dated 31st July 2023 passed by the Collector, Raigad-Alibag in Gram Panchayat Dispute Application No.12 of 2023. The said Dispute Application has been filed under Section 35(3) of the Maharashtra Village Panchayats Act, 1959 (“said Act”) challenging the legality and validity of the motion of no confidence dated 5th June 2023 moved against the Respondent No.4-Sarpanch. By the impugned order dated 31st July 2023, the Collector-Raigad has allowed the Dispute Application on the ground that the said motion of no confidence carried on 5th June 2023 against Respondent No.4-Sarpanch is illegal. The only reason given by the Collector to arrive at said conclusion is that the meeting in which the said motion of no confidence was carried, had not been conducted in accordance with Rules 17 to 26 of the Bom
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 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 court established that a No-Confidence motion can be validly passed even if the Sarpanch is absent, provided proper notice is given and the right to speak is upheld.
Quorum is essential for a no-confidence motion in local governance; lack of quorum renders a vote null.
No Confidence Motion has been passed with regular procedure as contemplated under the Act and passed as per the requirement of law in which the petitioner participated throughout, the resolution pass....
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....
Mandatory compliance with statutory deadlines in No Confidence Motion procedures is essential for legality.
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