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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHARMILA U.DESHMUKH
Charushila Bira Shriram – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
SHARMILA U. DESHMUKH, J.
1. Rule. With consent, Rule made returnable forthwith and taken up for final hearing.
2. The question which arises for consideration is the meaning which should be given to the words “date of election of Sarpanch or Upa-Sarpanch” occurring in the 4th proviso to sub Section 3 of Section 35 of the Maharashtra Village Panchayats Act, 1958 (Village Panchayats Act) for the purpose of computing period of two years of immunity. The dispute is whether the immunity of two years against No Confidence Motion is to be computed from the date of election of the first Sarpanch or from the date when the new Sarpanch is elected by filling the vacancy occurred in the manner provided under Section 43 of Village Panchayats Act.
3. The undisputed facts are that on 15th January 2021 elections were held for Village Panchayat Bhavdi, Taluka Haveli District Pune. On 9th February 2021, the Respondent No. 8 was elected as Sarpanch. On 29th November, 2021 the Respondent No. 8 resigned from the post of Sarpanch and on 27th December 2021 the Petitioner was elected unopposed as the Sarpanch of the Village Panchayat. On 13th December, 2023 Respondent Nos. 4, 5 and 7 to 11 moved No
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 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....
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....
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 court established that the immunity from no-confidence motions under Section 49(1) applies from the date of election of the current officeholder, not the first president.
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 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....
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