A former sarpanch filed a writ petition challenging his removal in a no-confidence motion. The Court dismissed the petition, holding that a member does not lose the right to vote merely because he is a defaulter, provided he was eligible to vote on the date of the motion.
Writ Petition dismissed as misconceived and devoid of merit.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 6483 OF 2008
DIST.: KOLHAPUR
Kallappa Maruti Gundali ...Petitioner
Versus
Satish Baburao Pawar & Ors. ...Respondents.
Mr. Vishal V. Kanade with Mr. M.M. Vaidya for the Petitioner
Mr. S.S. Patwardhan for Respondents No. 1 to 5.
CORAM : B ILAL NAZKI and J.H. BHATIA, JJ. DATE : OCTOBER 16, 2008
P.C. :-
The petitioner was a sarpanch . A No Confidence Motion was moved against him successfully. Therefore, he approached the Additional Collector of Kolhapur, challenging the process of the No Confidence Motion. The Additional Collector dismissed the application, and appeal was filed before the Divisional Commissioner, Pune, who has also dismissed the appeal. Therefore, this Writ Petition.
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petitioner before this Court is that some of the members present and voting against him were defaulters, and, therefore, their votes should not have been counted. Although this argument had not been made before the authorities below, but the learned counsel for the petitioner submits that such an argument forms part of this petition.
BILAL NAZKI, J.
J.H. BHATIA, J.
1 issue framed by the court
Whether a member debarred from voting only if he is a defaulter.
Kallappa Maruti Gundali
Satish Baburao Pawar
BILAL NAZKI
J.H. BHATIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
