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IN THE HIGH COURT OF JUDICATURE AT BOMBAY AURANGABAD BENCH
S. G. MEHARE, SHAILESH P. BRAHME
Shital Kiran Rajput – Appellant
Versus
District Collector Chhatrapati Sambhajinagar – Respondent
JUDGMENT :
S.G. MEHARE, J.
1. Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.
2. The petitioner/Sarpanch has impugned the notice dated 11.12.2024 of respondent no. 2 convening the meeting of no confidence motion under Section 35 sub-section (2) of the Maharashtra Village Panchayats Act (for short ‘Panchayats Act’).
3. The petitioner was elected from the OBC (Woman) Category as the member of the Village Panchayat in the general elections held on 15.01.2022. She was elected as Sarpanch on 19.07.2023. Before her, respondent no. 4 was the Sarpanch. While removing respondent no. 4 as a Sarpanch, the petitioner was also the member inviting the meeting of no confidence. On 11.12.2024, respondent nos.3 to 10 moved a representation to respondent no. 2/Tahsildar for convening the meeting of no confidence against the petitioner. The petitioner has mainly impugned the notice of respondent no. 2 on the ground that since she has not completed her tenure of two years from the date of her election, no such motion of no confidence shall be moved. Therefore, the impugned notice of respondent no. 2 is illegal, incorrect and against the provisions of law.
4. Respondent
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....
Immunity against No Confidence Motion is calculated from the date of election of the first Sarpanch, not subsequent elections, ensuring stability in the democratic process.
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....
continuity and stability of the Panchayati Raj Institutions is one of the objectives of the Constitutent 73rd Amendment Act. If any motion of no-confidence is moved against the elected Sarpanch immed....
Point of Law : Upa Sarpanch – No confidence notice – Two notices - proposal of no confidence motion 2nd time against the petitioner within a period of two years from the 1st proposals and the same is....
The amendments to the Karnataka Gram Swaraj and Panchayat Raj Act, 1993, reducing the term of office for Adhyaksha to 30 months and the prohibition period for a no-confidence motion to 15 months were....
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 interpretation of disqualification provisions under the Maharashtra Village Panchayats Act, 1959, and subsequent amendments, particularly in the context of validity certificate submission and the....
The interpretation of procedural rules and legal provisions governing the conduct of a no-confidence motion in a Village Panchayat.
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