Smt. Madhuri W/O. Waman Gadhave v. State Of Maharashtra, Through District Collector, Bhandara And Others

wp1302.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.1302/2021 Smt. Madhuri w/o Waman Gadhave .vs. State of Maharashtra through District Collector, Bhandara and Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

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and Registrar'

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Mr. K. S. Motwani, Advocate for petitioner.

CORAM : V.M. DESHPANDE, J.

DATED : MARCH 10, 2021 Heard Mr. Motwani, learned counsel for petitioner. The petitioner was Sarpancha, against whom no confidence motion was passed by majority i.e. out of 12, 10 Gram Panchayat members voted against her. Not only that, the said resolution was duly certified by Gram Sabha on 16.12.2020. It is the submission that the said certification was during th pendency of the appeal filed on behalf of petitioner before the Additional Collector, Bhandara who decided the appeal against the petitioner on 17.12.2020. In my view, it has no bearing on the issue inasmuch counsel for the petitioner submits that the Gram Sabha passed resolution on 16.12.2020 and there was a confirmation and certification of the no confidence motion dated 22.10.2020.

Since majority of members are against petitioner and through democratic process, petitioner is removed, Court should be slow in interfering in such matters. The writ petition is, therefore, rejected.

JUDGE kahale