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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
PRAFULLA S.KHUBALKAR
Arvind Hiraman Gajbhiye – Appellant
Versus
Collector, Nagpur – Respondent
| Table of Content |
|---|
| 1. factual background of no-confidence motion and challenges (Para 2 , 3 , 4 , 5) |
| 2. automatic disqualification for untimely caste validity submission (Para 6 , 7 , 8 , 9 , 10) |
| 3. no disqualification absent authority order; timely certificates valid (Para 11 , 12 , 13 , 14 , 15) |
| 4. members' eligibility to vote in no-confidence meeting (Para 16 , 17 , 18) |
| 5. certificates obtained and submitted pre/post election (Para 19 , 20) |
| 6. sudhir kalel inapplicable to certificate holders (Para 21 , 22) |
| 7. valid certificates bar automatic section 10(1a) disqualification (Para 23 , 24) |
| 8. disqualification only if no application or rejected (Para 25) |
| 9. respect majority will in procedural no-confidence motions (Para 26 , 27) |
| 10. petition dismissed; no interference in reasoned order (Para 28 , 29) |
JUDGMENT :
PRAFULLA S. KHUBALKAR, J.
RULE. Rule made returnable forthwith and heard finally with consent of the learned counsel for the parties.
2. By this petition, the petitioner has challenged the order dated 18.06.2025, passed by the respondent no.2-Additional Collector, Nagpur and the motion of no confidence dated 16.01.2025, passed against him and the resultant order dated 30.06.2025, passed by
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....
A person who has ceased to be a member because of automatic disqualification, cannot continue as Sarpanch of Gram Panchayat.
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....
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....
The main legal point established is the necessity for the Collector to decide disputes regarding the validity of a no confidence motion as per the provisions of the Maharashtra Village Panchayats Act....
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 legitimacy of a no-confidence motion is upheld unless proven procedurally flawed to the extent of causing substantial prejudice.
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.
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