Allowed

Sou. Mina Tukaram Patil v. the State of Maharashtra and Ors.

Bombay HC26 Jul 2013WP/3038/2013

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an order dismissing an appeal against a no-confidence motion resolution. The High Court, reversing the Additional Collector's decision, held that the resolution's mandatory procedure under Rule 17 of the Bombay Village Panchayat Meetings Rules, 1961, was not followed. Consequently, the Court allowed the petition and quashed both the addition Collect

What did the court decide?

The impugned order of the Additional Collector and the resolution dated 15.10.2012 were quashed and set aside. The writ petition was allowed.

Sou. Mina Tukaram Patil Vs the State of Maharashtra… — Writ and Judicial Review | Bombay HC (2013)

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3038-13-wp=.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3038 OF 2013

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Sou. Mina Tukaram Patil

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.. Petitioner

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v/s.

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The State of Maharashtra & Ors.

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..Respondents

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Mr. Sandip Salunkhe for the petitioner Mrs. M.S. Bane, AGP for respondent nos. 1 to 3. Mr. Rajesh More for respondent nos. 5,7 and 8 to 10

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CORAM : SMT. VASANTI A. NAIK, J. DATED : 26^th JULY, 2013.

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P.C.

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By this petition, the petitioner impugns the order of the Additional Collector dismissing an appeal filed by the petitioner against the resolution of No Confidence and holding that the No Confidence Motion was rightly passed against the petitioner Sarpanch.

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Inter alia , it is submitted on behalf of the petitioner that the resolution of removal of the petitioner and the order of the Additional Collector dismissing the appeal are liable to be set aside, since there was a breach of the mandatory procedure prescribed by Rule 17 of the Bombay Village Panchayat Meetings Rules, 1961 as the Motion was not proposed and seconded before the same was considered in the special meeting. The petitioner has relied on an

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U.S.Jagtap

3038-13-wp=.doc

unreported judgment of this Court in the case of Vishnu Ramchandra Patil Vs. Group Gram Panchayat & Ors. in Letters Patent Appeal No. 203 of 2011 in Writ Petition No.167 of 2011 to substantiate the submission.

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On hearing the learned Counsel for the parties and on a perusal of the unreported judgment of this Court, it appears that the impugned order of the Additional Collector as also the resolution are liable to be set aside as it was necessary for the Tahasildar to follow the procedure prescribed by the provisions of Rule 17 of the Rules. It appears on a perusal of the extract of the meeting book / register that the motion was not moved and seconded before the same was put to discussion. In view of the law laid down by this Court in the aforesaid unreported judgment, the impugned order as also the resolution are liable to be set aside.

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Hence, for the reasons aforesaid, the Writ Petition is allowed. The impugned order as also the resolution dated 15.10.2012 are quashed and set aside.

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Order accordingly. No order as to costs.

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( VASANTI A. NAIK, J.)

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U.S.Jagtap

Sou. Mina Tukaram Patil v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Sou. Mina Tukaram Patil v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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