SUBHASH & ORS. versus SUREKHA HANUMANT BANKAR & ORS.

Citation: [2021] 1 S.C.R. 716 · Decided: 26-02-2021 · Supreme Court of India · Bench: A.M. KHANWILKAR, DINESH MAHESHWARI · Disposal: Disposed off

Judgment (excerpt)

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   [2021] 1 S.C.R. 716
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SUBHASH & ORS.
v.
SUREKHA HANUMANT BANKAR & ORS.
(Civil Appeal No. 720 of 2021)
FEBRUARY 26, 2021
[A.M. KHANWILKAR AND DINESH MAHESHWARI, JJ.]
Gram Panchayat – Respondent No. 1 was elected as Village
Sarpanch in general elections of Gram Panchayat – Members of
the Gram Panchayat moved resolution expressing no-confidence
against respondent No.1 – Resolution passed by requisite majority
on 19.10.2020 – Respondent No.1 carried the matter before the
Collector, who, vide order dated 31.12.2020 held that no-confidence
motion was required to be ratified by Special Gram Sabha conducted
in the village in presence of an Independent Officer appointed by
the Collector – Respondent No.1 filed Writ Petition which was
allowed by the High Court – Before Supreme Court, plea of
appellants that the High Court ought not to have set aside the
resolution passed by the Gram Panchayat; and at best, it ought to
have directed to take follow up steps as required in terms of the
decision of the Collector – Respondent No. 1, however, submitted
that as per guidelines issued by State Government, the resolution
was required to be placed for consideration before the Special Gram
Sabha at least within 10 days from the date of Collector’s order
and since that period had expired long back, the process cannot be
continued further – Held: Respondent No.1 was unable to point
out any provision in the Village Panchayat Act which postulated
that if the proposed resolution was not placed before the Gram
Sabha within specified time, the same would lapse in law – In
absence of such a provision, it cannot be assumed that the resolution
had lapsed in law, merely because of some direction issued by
concerned department of State Government – The no-confidence
resolution was challenged by respondent No.1 before the process
of ratification could be taken forward by the Collector – After the
decision of the Collector, the matter travelled to the High Court
once again at the instance of respondent No.1 and finally before
Supreme Court – Respondent No.1 cannot be allowed to take
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advantage of that situation by placing reliance on administrative
instructions – No confidence motion passed on 19.10.2020 and
confirmed by the Collector vide order dated 31.12.2020 to be taken
forward in accordance with law.
CIVIL APPELLATE JURISDICTION : Civil Appeal No.720 of
2021.
From the Judgment and Order dated 20.01.2021 of the High Court
of Judicature of Bombay Bench at Auranagabad in Writ Petition No.238
of 2021.
Pravin V. Mandlik, Sr. Adv., Shirish K. Deshpande, Ms. Rucha
Pravin Mandlik, Advs. for the Appellants.
Shashibhushan P. Adgaonkar, Rana Sandeep Bussa, Gagandeep
Sharma, Advs. for the Respondents.
The following order of the Court was passed:
ORDER
1. Leave granted.
2. This appeal takes exception to the judgment and order dated
20.01.2021 passed by the High Court of Judicature of Bombay Bench at
Aurangabad in Writ Petition No. 238 of 2021 allowing the writ petition
filed by the respondent No.1.
3. The respondent No. 1 was directly elected as a Sarpanch of
the village Karajkheda, Taluk and District Osmanabad by the public in
general election of the Gram Panchayat held on 17.10.2017. Because of
his acts of commission and omission, the members of the Gram Panchayat
moved resolution expressing no-confidence against respondent No.1.
That resolution was passed by requisite majority on 19.10.2020. Against
that resolution, the respondent No.1 carried the matter before the
Collector, who, in turn, vide order dated 31.12.2020 issued the following
directions:
“1. A Special Gram Sabha of the Gram Panchayat should be held
by secret ballot decision be taken on the no-confidence motion
passed against the Sarpanch of Karajkheda, Taluka Osmanabad
on 19.10.2020. in this Gram Sabha, the only issue will be to approve
SUBHASH & ORS. v. SUREKHA HANUMANT
BANKAR & ORS.
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the no-confidence motion passed against the Sarpanch.”
2. Group development officer, Class-1, Panchayat Samiti,
Osmanabad is appointed as the Presiding Officer of this special
Gram Sabha.
3.  As per the relevant Acts, Rules and provisions in the letter of
the Government, the Group Development Officer, Class-1,
Panchayat Samiti, Osmanabad, should complete the procedure
for holding the special Gram Sabha and submit the compliance
report to this office.
4. The decision should be c

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