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RAVINDRA V. GHUGE, Y. G. KHOBRAGADE
Suman Kachru Garje – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT/ORDER
RAVINDRA V.GHUGE, J. - By this Petition, the Petitioners have put forth prayer clauses (B), (C), (D) and (E), which read as under:-
C) By issuing writ of mandamus or any other appropriate writ, order or direction, the respondent No.1 to 4 may kindly be directed to restrain the Sarpanch to cast vote in the election of Upsarpanch.
D) Pending hearing and final disposal of Writ Petition, the election program published vide Order dtd. 17/11/2023 issued by respondent No.2 for election of Upsarpanch, may kindly be stayed to the extent of Village Panchayat, Bodhegaon, Taluka Shevgaon, District Ahmednagar.
E) Pending hearing and final disposal of present Writ Petition, respondent No.5 may kindly be restrained from participating in election process of Upsarpanch of Village Panchayat, Bodhegaon, Taluka Shevgaon, District Ahmednagar."
2. It is informed
The mandatory requirement for conducting elections by secret ballot when requested by any member, as stipulated in Rule 10(2) of the Bombay Village Panchyats (Election to Sarpanch and Upa-Sarpanch) R....
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....
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....
The court established that the reservation for Sarpanchas in local bodies must adhere to the statutory limit of 50% as per the amended provisions of the Maharashtra Village Panchayats Act, 1959, and ....
The Deputy Commissioner had the authority to order the removal of the petitioner under Section 51(3)(b) of the Haryana Panchayati Raj Act, 1994, as the petitioner did not possess the minimum qualific....
The main legal point established in the judgment is that the reservation for the post of Sarpanch was rightly determined by drawing lots from the members belonging to Scheduled Castes category and Ba....
No confidence motion applies to a nominated officiating Sarpanch under the Panchayati Raj Act, ensuring accountability in governance.
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