Jijabai Raosaheb Tate v. The State Of Maharashtra And Others

(1) 44-wp-1704-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 WRIT PETITION NO.1704 OF 2020 JIJABAI RAOSAHEB TATE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Amol B. Chalak, Advocate for the Petitioner. Mr. P. G. Borade, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 27th JANUARY, 2020.

PER COURT:- 1.

The petitioner is challenging the requisition of the no confidence motion.

2.

Mr. Chalak, learned counsel submits that the requisition is malafide and politically motivated. The petitioner had filed complaint against respondent nos.5 to 10 for disqualification. Earlier also they had to pass no confidence motion against the petitioner, the same failed. The respondents had even forged resignation of the petitioner.

3.

The majority has moved the requisition as required under the provision of the Maharashtra Village Panchayat Act and the Rules. If the respondents have resorted to a democratic process,

(2) 44-wp-1704-2020 this Court cannot stall the same. The majority of the members as provided under the Statute can move a motion for no confidence against the petitioner. Of course, the procedure is required to be followed, which the authority certainly would adhere to.

4.

We do not find any grounds to interfere with the process of no confidence motion against the petitioner.

5.

Writ Petition as such is rejected. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/January-2020