Pandit Rathod and Others vs The State of Maharashtra and Others

B.N. Deshmukh, J.—Rule returnable forthwith.

This petition is filed challenging the proceedings initiated by the respondent No. 3 against whom no confidence resolution is passed as per the provisions of section 35 of the Bombay Village Panchayats Act.

The no confidence resolution was passed against the respondent No. 3, who had challenged the no confidence resolution in appeal before the Collector u/s 35 (3B) and also by filing the appeal before the Commissioner u/s 35(3C). The Collector as well as the Commissioner up-held the no confidence resolution and dismissed the appeals filed by the respondent No. 3. After exhausting all the remedies available u/s 35 of the Act, now the respondents preferred a revision u/s 155 of the Bombay Village Panchayats Act, before the State Government.

The proceedings before the State Government are challenged in this petition on the ground that they are not maintainable and the State Government has no jurisdiction to entertain such revision application.

Section 35(3C) reads as follows:-

"Any person aggrieved by the decision of the Collector, may, within seven days from the date of receipt of such decision, appeal to the Commissioner who shall decide the appeal, as far as possible, within fifteen days from the date on which the appeal is received by him, and any such decision shall be final."

A special provision is made for preferring appeal against the no confidence motion, to the Commissioner. The section provides finality to the orders passed by the Commissioner in that regard. It is very difficult to understand as to how the State Government can entertain revision under general powers vested u/s 155 of the said Act. The challenge to the no confidence resolution is not maintainable u/s 155 of the Act by way of revision. The scope of the power vested u/s 155 will have to be construed in the light of the provisions of section 35 (3C) of the Act, where the decision of Commissioner is made final and is not open for revision u/s 155 of the Act.

We quash the proceeding pending before the State Government in this matter and the respondents No. 6 and 7 are directed to hold the election of the Sarpanch of the said village to fill in the vacancy arising after the passing of the no confidence resolution against respondent No. 3.

Rule absolute accordingly.