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S. G. MEHARE
Nirmala W/o Pandharinath Sarde (Shiralkar) – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
1. Issue notice to the respondents. Learned AGP waives service of notice for respondent nos.1 to 3. Contesting respondent no.10 appeared on caveat and waives service of notice.
2. Civil Application for amendment is allowed. Amendment be carried out forthwith.
3. Considering the points involved in the petition, the matter is heard finally at the admission stage.
4. Rule. Rule is made returnable forthwith and heard finally by the consent of the parties.
5. The petitioner was the Sarpanch of the Village Panchayat. She has been removed from the post of Sarpanch by a no-confidence motion passed on 22.12.2023 in an extraordinary meeting convened on the notice of the members of the Village Panchayat for no confidence. Being aggrieved thereby, she had filed an application before the District Collector on various grounds. The District Collector rejected her petition; hence, the petitioner approached this Court.
6. The petitioner has assailed the no-confidence motion on the following grounds :
(ii) The meeting of no confidence was held without granting the petitioner at least three days' notice.
(iii) Rule 17 of the B
The interpretation of procedural rules and legal provisions governing the conduct of a no-confidence motion in a Village Panchayat.
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 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....
Mandatory compliance with statutory deadlines in No Confidence Motion procedures is essential for legality.
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....
A no-confidence motion against a Gaon Panchayat President is not deemed 'lost' due to procedural irregularities, allowing for a fresh motion to be initiated without the six-month bar.
The failure to furnish a copy of the requisition for a no-confidence motion does not invalidate the motion if it is adopted by the requisite majority, as the requirement is directory, not mandatory.
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