- (1.) Leave granted.
(2.) Sheshrao-respondent No. 1 was the Sarpanch of Gram Panchayat, Thanegaon, Tashil Karanja, District Wardha. A Motion of No Confidence was moved against him which was passed by majority of the Panchas in a meeting held on 8-3-1995. Respondent No. 1 challenged the same by raising a dispute under the Bombay Village Panchayats Act, 1958 before the Additional Collector of the District who rejected the same on 21-4-1995. Respondent No. 1 then preferred an appeal before the Divisional Commissioner which was allowed by order dated 22-1-1996 on the ground of want of a valid notice. The effect of the order was that the Motion of No Confidence was treated to be invalid. Thereafter, another Motion of No Confidence was moved by 8 out of 11 Panchas on 3-2-1996. The motion was passed by an overwhelming majority of the Panchas on 9-2-1996. Respondent No. 1 then raised a dispute before the Additional Collector who rejected the same. An appeal to the Divisional Commissioner by respondent No. 1 has been allowed by the order dated 14-8-1996. The appellant who is one of the Panchas filed a writ petition in the High Court challenging the Commissioner's order. That writ petition has been dismissed by the impugned order dated 14-10-1996. Hence, this appeal by special leave.
(3.) The point which arises for decision is to be answered with reference to sub-section (3-A) of Section 35 of the Act, which reads as under: "(3-A) If the motion is not moved or is not carried by a majority of not less than two-thirds of the total number of the members (other than associate members) who are for the time being entitled to sit and vote at any meeting of the panchayat, no such fresh motion shall be moved against the Surpanch or, as the case may be, the Upa Sarpanch within a period of one year from the date of such special meeting." ;