Samadhan Shivaji Gore vs The Collector Solapur And Ors
2023 Latest Caselaw 9772 Bom

2023:BHC-AS:27938
                                                                                     501 WP 11873.23.doc



                    Dusane


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIVIL APPELLATE JURISDICTION

                                    WRIT PETITION NO.11873 OF 2023


                    Samadhan Shivaji Gore                 ...Petitioner

                         V/s.

                    The Collector, Solapur & Ors.         ...Respondents

                    Mr. Shubham Babar i/by Mr. Sushant S. Prabhune for the
                    Petitioner.
                    Mr. A.P. Vanarase, AGP for State.

                                               CORAM : MADHAV J. JAMDAR, J.

DATED : 20th September, 2023

P.C. :

1. Not on board. Taken on board.

2. Heard Mr. Shubham Babar, learned Counsel appearing for

the Petitioner and Mr. A.P. Vanarase, learned AGP appearing for

the Respondent- State.

3. The Petitioner has challenged the order dated 29 th August

2023 passed by the Collector, Solapur in Gram Panchayat

Dispute Application No.18 of 2023, by which the dispute filed by

the Petitioner under Sub-Section 3(B) of Section 35 of the

Maharashtra Village Panchayats Act, 1959 (for short "Said Act")

is dismissed.

501 WP 11873.23.doc

4. The Petitioner was the Sarpanch of Gram Panchayat,

Morochi, Taluka Malshiras, District Solapur. The total number of

members of the said Gram Panchayat are 13 and the notice

dated 29th March 2023 of motion of no confidence was issued by

12 members of the said Gram Panchayat. As per the said notice,

Tahsildar conveyed the meeting in accordance with Sub-Section

2 of Section 35 of the said Act on 5th April 2023.

5. On 5th April 2023, total 13 members attended the said

meeting out of which 10 members voted in favour of the Motion

of No Confidence, which is admittedly more than the mandatory

minimum requirement of three-fourth majority.

6. The only contention raised by the learned Counsel

appearing for the Petitioner is that the notice of Motion of No

Confidence is dated 29th March 2023 and the meeting was

called on 5th April 2023 which is beyond the mandatory period

of seven days prescribed in Sub-Section (2) of Section 35 of the

said Act. It is the submission of the Petitioner that as per the

requirement of Sub-Section 2 of Section 35 of the said Act, it is

obligatory on the part of the Tahsildar to convene the said

meeting for considering Motion of No Confidence at the office of

Gram Panchayat within 7 days from the date of receipt by him of

the notice contemplated under Sub-Section 1 of Section 35. He

submits that as the notice is dated 29th March 2023, the

501 WP 11873.23.doc

meeting which came to be called on 5th April 2023 is beyond the

said period of 7 days.

7. However, the learned Collector while dismissing the

Dispute Application filed by the Petitioner has relied on the

decision of this Court in the matter of Seema Ashok Kamble

Vs. Collector, Pune1 In the said case, it has been held on the

basis of the Supreme Court decision in the case of Tarun

Prasad Chatterjee V. Dinanath Sharma2 and earlier

judgments that the day of receipt of the said notice under

Section 35(1) of the said Act will have to be excluded while

computing a period of 7 days. It is an admitted position that if

the said date i.e. 29th March 2023 is excluded, then the special

meeting convened on 5th April 2023 is within the period of 7

days.

8. Hence, there is no substance in the present Writ Petition.

The Writ Petition is dismissed, however, with no order as to

costs.

                                          (MADHAV J. JAMDAR, J.)




 1    (2008) 3 Maharashtra Law Journal 781
 2    (2000) 8 SCC 649