PRIYANKA ABHIJEET DEODHARE vs STATE OF MAHARASHTRA THR. SECRETARY RURAL DEVELOPMENT DEPARTMENT AND ORS

Judgment text excerpt

Sonali Mane WP-13110-2024.dox.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13110 OF 2024 Priyanka Abhijeet Deodhare … Petitioner Versus State of Maharashtra Through Secretary Rural Development Department, Mantralay, Mumbai & Ors. … Respondents Mr. Drupad S. Patil, a/w Mr. Namikumar Pansare for the Petitioner. Mr. J.P. Patil, AGP for Respondent/State Nos. 1 to 3. Mr. P.G. Chavan, a/w Mr. Someshawar K. Pawale i/b Mr. Sachin Padaye, for Respondent Nos. 4 to 7 & 9 to 11. CORAM : SANDEEP V. MARNE, J. RESERVED ON : 20 FEBRUARY 2025. PRONOUNCED ON : 28 FEBRUARY 2025. JUDGMENT :- 1) The issue that arises for consideration in the present Petition is whether failure to furnish copy of requisition sent by 1/3 rd Members of Panchayat to Tehsildar proposing a motion of no confidence against a Sarparch, who is served with Tehsildar’s notice convening the special meeting, would ipso facto vitiate the motion of Digitally signed by MANE no-confidence. MANE SONALI SONALI DILIP DILIP Date: 2025.02.28 17:52:39 +0530 ___Page No.1 of 24___ 28 February 2025 Sonali Mane WP-13110-2024.dox.docx 2) Petitioner, who is Sarpanch of Village Kaddhe, Taluka Khed, District Pune, has filed this Petition challenging the Order dated 27 August 2024 passed by the Collector, Pune rejecting Dispute Application No. 10 of 2024 filed by her under provisions of Section 35(3B) of the Maharashtra Village Panchayats Act, 1959 (Village Panchayats Act) in respect of no-confidence motion adopted against her in the meeting of Panchayat held on 8 January 2024. 3) Elections to the Gram Panchayat Kaddhe, Taluka Khed, District Pune were held on 15 January 2021. In the meeting of the Panchayat, Petitioner was initially elected as Member of the Panchayat and later she was electe