Amrapali Sakharam Kamble vs The District Collector Kolhapur
2023 Latest Caselaw 11522 Bom

                                                                     18 WP 13629.23.doc


 Dusane

       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CIVIL APPELLATE JURISDICTION

                   WRIT PETITION NO.13629 OF 2023


 Amrapali Sakharam Kamble                     ...Petitioner

         V/s.
 The District Collector, Kolhapur             ...Respondents
 & Ors.



 Mr. Prashant Bhavake for Petitioner.
 Mr. Nikhil Waje for Respondent No.7.
 Mr. P.G. Sawant, AGP for Respondent-State.



                               CORAM: MADHAV J. JAMDAR, J.

DATE: 8th November 2023

P.C.:

1. Heard Mr. Bhavake, learned counsel appearing for the

Petitioner, Mr. Sawant, learned AGP and Mr. Waje, learned

Counsel appearing for Respondent No.7.

2. By order dated 31st October 2023, this Court has issued

notice to the Respondents and made the same returnable on

2nd January 2024. However, in the meanwhile, on the very

day i.e. 31st October 2023, the Collector, Kolhapur has issued

18 WP 13629.23.doc

order calling the special meeting of the Gram Panchayat,

Mhasrang, Taluka Bhudargad for electing Sarpanch and,

therefore, the matter is mentioned and taken up again.

3. In the present case, Motion of No Confidence has been

passed against the Petitioner Sarpanch on certain grounds on

3rd March 2023. However, the factual position on record

shows that the son of the Petitioner aged about 12 years is

suffering from "Aplastic Anemia" and required treatment of

"Bone Marrow Transplant". For that purpose, the Petitioner

had applied for leave to Block Development Officer from 24 th

February 2023 to 20th March 2023. It is the contention of

learned Counsel appearing for the Petitioner that the said

application was filed with Block Development Officer on 24th

February 2023 and the Block Development Officer has not

replied to the same. In the meanwhile immediately during the

said period, i.e. on 27th February 2023, notice as

contemplated under Section 35(1) of the Maharashtra Village

Panchayats Act was submitted through the Tahsildar and

accordingly the subject meeting of the Gram Panchayat was

held on 3rd March 2023 wherein Motion of No Confidence was

passed.

18 WP 13629.23.doc

4. Thus, in this case, due to unavoidable circumstances,

the Petitioner was not available from 24th February 2023 to

20th March 2023 and during that period notice of no-

confidence was given on 27th February 2023 and the meeting

was held on 3rd March 2023. Thus apart from other grounds,

prima facie, there is substance in the contention of the

Petitioner that there is violation of the principles of natural

justice. Thus, arguable questions are raised and therefore,

this Court has issued notice before admission by order dated

31st October 2023 and made the same returnable on 2nd

January 2024.

5. Mr. Nikhil Waje, learned counsel appearing for the

Respondent No.7 submitted that presence of Sarpanch and

Upa-Sarpanch is not required in the meeting considering no-

confidence motion against them and relied on judgment of

Division Bench of this Court in the case of Dayandev

Mohiniraj Nipunage Vs. State of Maharashtra1. However,

the facts of the present case are totally different. Prima facie,

said decision will not apply to the present case.

6. At the request of Mr. Nikhil Waje, learned counsel

appearing for the Respondent No.7, the returnable date 1 (2000) 2 Bom CR 849

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specified by order dated 31st October 2023 is now preponed

to 11th December 2023.

7. Accordingly, the District Collector, Kolhapur is restrained

from conducting the election for the post of Sarpanch till

returnable date. The order dated 31st October 2023 issued

by the Collector, Kolhapur shall not be implemented till further

orders.

8. Stand over to 11th December 2023.

(MADHAV J. JAMDAR, J.)