DURGADAS UKHAJI MORE Vs. ADDITIONAL COMMISSIONER NASHIK DIVISION

JUDGEMENT

(1.) IN pursuance of the notice before admission issued by this court the respondents 1 to 8 appeared through their respective counsel. Respondent No. 9 though served is absent. By consent of all, heard finally.

(2.) RESPONDENT No. 4 was elected as a Sarpanch of respondent No. 3 Village Panchayat. Respondents 5 to 8 are the elected members of respondent No. 3, village panchayat who are supporting respondent No. 4 Sarpanch. The petitioners and respondent No. 9 are members of Village Panchayat who had moved the resolution of no confidence against respondent No. 4.

(3.) THE petitioners and the respondent No. 9 gave a notice of their desire to move a motion of no confidence against respondent No. 2 to the Tahsildar under Section 35 of the Bombay Village Panchayat Act 1958 (for short the Act) read with Rule No. 2 of Bombay Village Panchayat, Sarpanch and Upsarpanch (No Confidence Motion) Rules 1975 (for short the Rules ). The notice was accompanied by 7 additional copies thereof and was in the form prescribed under Rule 2 of the Rules. In pursuance of the said notice dated 30th May 2001, a special meeting of the village panchayat was called by the Tahsildar on 4th June 2001. In the meeting the resolution of no confidence was passed by a majority of 2/3 of the total members of panchayat. 10 out of 15 members voted in favour of the resolution. Respondent Nos. 4 to 8 voted against resolution. The resolution was thus carried by the requisite majority. The Tahasildar accordingly declared that the resolution was passed and sent the communication of the passing of the resolution to the concerned authorities under Rule 3 of the Rules.