Varsha Dnyandeo Landage v. The State Of Maharashtra And Others

2025:BHC-AUG:18200 (1) 43-wp-7444-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7444 OF 2025 VARSHA DNYANDEO LANDAGE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. Kishorkumar Bharatrao Borde, Advocate for the Petitioner. Mr. K. S. Patil, AGP for Respondents-State.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 11th JULY, 2025.

P.C.:- 1.

The present petition is filed with following prayers: "A.

The election of Upa-Sarpanch of Respondent No.6 village panchayat as held on 16.06.2025 may please be declared as illegal and the same may please be set aside. B.

The effect operation, implementation and execution of the disqualification of the petitioner from the post of UpaSarpanch (dated 4.2.2025) may please be held in abeyance till convening of Gram Sabha on the point of disqualification of petitioner."

2.

The petitioner was elected as member of Village Panchayat and later on, he elected as Upa-Sarpanch. By requisition dated 21.05.2025 meeting for No Confidence Motion was convened and on 04.02.2025, No Confidence Motion was passed against petitioner. Admittedly, petitioner has not assailed No Confidence Motion by filing Appeal in terms of Section 35(3) of Village Panchayat Act. 3.

Mr. Borde, learned Advocate appearing for petitioner relying upon Circular/communication dated 15.01.2020 issued by Deputy Secretary, Maharashtra State submits that when No Confidence Motion is passed against Up-Sarpanch, it shall be ratified by Gram Sabha.

(2) 43-wp-7444-2025.odt 4.

Apparently, aforesaid submission is unacceptable as ratification of No Confidence Motion passed against directly elected Sarpanch is required in terms of Sub-clause (b) of Clause (3) of Section 35 of Maharashtra Village Panchayat Act.. It has no application in case of petitioner, who was elected as Upa-Sarpanch from members of Village Panchayat and suffered No Confidence Motion.

5.

In that view of the matter, there is no merit in Writ Petition. Hence, stands dismissed.

(S. G. CHAPALGAONKAR) JUDGE Devendra/July-2025