NASRIN SALIM SHAIKH Vs. STATE OF MAHARASHTRA
LAWS(BOM)-2016-9-162
HIGH COURT OF BOMBAY
Decided on September 23,2016

Nasrin Salim Shaikh Appellant
VERSUS
STATE OF MAHARASHTRA Respondents

JUDGEMENT

- (1.) Rule. Rule made returnable forthwith. Heard both sides by consent for final disposal.
(2.) The petition is filed by six members of Village Panchayat, Wadaner, Tq. Paranda, Dist. Osmanabad to challenge the decision given by the Collector, Osmanabad in proceeding no. 16/GB/Desk 1/GraPanNi/Ka1/KaVi362 dated 03rd June, 2016. The said proceeding was filed under Section 35(3B) of the Maharashtra Village Panchayat Act, 1958 ( hereinafter referred to as 'the Act' )to challenge the resolution on no confidence passed by Village Panchayat against UpSarpanch Shivaji, Respondent No.3 of the proceeding.
(3.) The requisition was given on 12th April, 2016 by present petitioners six members of village panchayat. The village panchayat consists of nine members. On the same day, Tahsildar issued notice of requisition meeting and called the meeting on 20th April, 2016. On 19th April, 2016 there was official holiday and office was closed due to Mahavir Jayanti. The Upsarpanch attended the meeting and participated in the discussion on motion of no confidence. When the resolution was moved by the petitioners, one member requested for taking voting by secret ballot and so Tahsildar took voting by secret ballot. The resolution was passed of no confidence against Upsarpanch by majority of six versus one. Accordingly, the decision of resolution was declared by Tahsildar and two votes were declared as invalid. Minutes of this meeting were prepared and they were signed by to all the nine members of village panchayat.;


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