Shriram Vithoba Dandge v. Bhaskar Sukhdeo Tayade and Ors.
Case brief
What is this about?
High Court of Bombay, Appellate Side, held that a failure to convene a no-confidence meeting within seven days of requisition receipt vitiated the meeting. Consequently, the statutory bar on submitting a fresh motion within six months did not attract, allowing the petition to proceed.
What the court decided
1
FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD.
WRIT PETITION NO.: 1341 OF 2011
Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders.
Court’s or Judge’s orders.
WRIT PETITION NO.: 1341 OF 2011
***
1.Heard Advocate Shri P. S. Pawar for
Petitioner. He contends that earlier motion
moved in the meeting on 30th June, 2010 was
set aside on 21st August, 2010 and hence
within six months a fresh requisition for
holding no confidence meeting could not have
been submitted. Learned A.G.P. appearing for
Respondent No.10 points out that there was no
valid meeting as the procedure followed for
convening that meeting was itself found to be
defective.
2.Provisions of section 35 (3-A) of Bombay
Village Panchayat Act stipulate a holding of
meeting and then either not moving of a
motion therein or then the failure of that
motion as a bar to fresh motion. Here, it
was found that meeting was not convened
Issues for consideration
2 issues framed by the court
Whether the procedural defect in convening a no-confidence meeting bars a fresh motion under Section 35(3-A) of the Bombay Village Panchayat Act.
Whether the failure to hold a meeting within seven days of requisition receipt attracts the statutory bar on fresh motions.
Parties & counsel
- petitioner
Shri P. S. Pawar
- respondent
Respondent No.10
Coram
B.P.DHARMADHIKARI
Case details
As recorded by the court registry
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