Bhumanna S/O Rammanna ... vs Collector, Chandrapur And Others
2017 Latest Caselaw 8648 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                 

                          NAGPUR BENCH, NAGPUR.


                           WRIT PETITION NO. 7219  OF 2017


 Bhumanna S/o. Rammanna Chukabotalawar,
 Aged 65 years, Occu.: Agriculturist,
 R/o. Kothoda (Bu), Post : Kothda,
 Tahsil : Korpana, District : Chandrapur. 


                                                                       ....  PETITIONER.

                                     //  VERSUS //


 1. Collector, Chandrapur. 

 2. Tahsildar, Korpana, Tahsil : 
    Korpana, District : Chandrapur. 

 3. Block Development Officer, 
    Panchayat Samiti, Korpana. 

 4.   Vandana Maraskolhe, 
      Aged : Major, Occu.: Agriculturist,

 5.   Bijabai Kawadu Ude, 
      Aged : Major, Occu.: Agriculturist,

 6.   Mayabai Mahadeo Gatade, 
      Aged : Major, Occu.: Agriculturist,

 7.   Tanu Maru Naitam, 
      Aged : Major, Occu.: Agriculturist,

 8.   Vinod G. Maraskolhe, 
      Aged : Major, Occu.: Agriculturist,

      Respondent No.3 to 8
      R/o. Kothda (Bu), Tahsil : Korpana,
      District : Chandrapur. 




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 9. Gram Panchayat Kothada (Bu)
    through its Secretary, 
    Kothda (Bu), Tahsil : Korpana,
    District : Chandrapur. 
                                                                       .... RESPONDENTS
                                                                                     .

  ___________________________________________________________________
 Shri T.S.Kene, Advocate for Petitioner. 
 Ms Kalyani Deshpande, A.G.P. for Respondent Nos. 1 & 2.  
 ___________________________________________________________________


                              CORAM : Z.A.HAQ, J.

DATED : NOVEMBER 13, 2017.

ORAL JUDGMENT :

1. Heard advocate for the petitioner and A.G.P. for the respondent

Nos. 1 and 2.

2. RULE. Rule made returnable forthwith.

3. The petitioner has challenged the order passed by the learned

Collector refusing to entertain the dispute raised by the petitioner under

Section 35(3B) of the Maharashtra Village Panchayats Act, 1958 (hereinafter

referred to as "the Act of 1958").

4. The petitioner got elected in 2016 as a member of the Gram

Panchayat and then as Up-Sarpanch of the Gram Panchayat. A no

confidence motion was moved against the petitioner. Out of 7 members 5

Judgment 3 wp7219.17.odt

members have voted in support of the no confidence motion and the

petitioner and another member have not voted as the petitioner was not

present in the meeting and the other member, though present in the meeting,

had not cast her vote. The petitioner raised a dispute about the legality of

the no confidence motion by filing application under Section 35(3B) of the

Act of 1958, which is summarily dismissed by the impugned order.

5. The application filed by the petitioner under Section 35(3B) of

the Act of 1958 is dismissed summarily before issuing notices to the non-

applicants in that application before the Collector. The learned Collector has

committed patent illegality in refusing to entertain the dispute and has failed

to exercise jurisdiction vested in him under Section 35(3B) of the Act of

1958. The Collector, while exercising jurisdiction under Section 35(3B) of

the Act of 1958 has to consider the grievance of the applicant before him as a

fact finding authority.

6. In the circumstances, I have taken up the writ petition for final

disposal without issuing notices to the respondent Nos. 3 to 9.

7. In view of the above, following order is passed:

i) The order passed by the learned Collector on 25 th October, 2017 dismissing the application filed by the petitioner under Section 35(3B) of the Act of 1958 is quashed.

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                   ii)         The   application   filed   by   the   petitioner   before   the

Collector, Chandrapur under Section 35(3B) of the Act of 1958 is restored.

iii) The Collector shall decide the application on merits.

iv) The petitioner shall appear before the Collector, Chandrapur on 5th December, 2017 and abide by the impugned instructions/ order in the matter.

v) The election for the post from which the petitioner is removed, if held, shall be subject to the decision in the matter.

Rule made absolute in the above terms. In the circumstances,

the parties to bear their own costs.

JUDGE

RRaut..