No-confidence motion passed with majority takes immediate effect; collector cannot grant stay: HC

Nagpur: A no-confidence motion passed with majority takes immediate effect, observed the Nagpur bench of the Bombay high court recently while setting aside the Akola district collector's order granting interim relief to a sarpanch removed from the post. The collector's September 4, 2025, order had stayed removal of the sarpanch through a no-confidence motion in Gram Panchayat Januna (Wadala) in Barshitakli taluka. Justice Prafulla Khubalkar held the order "unsustainable in law" due to the absence of any statutory provision and reinforced that the "will of the majority" is of paramount importance in democratic institutions."Immediately after the motion of no confidence is passed by the requisite majority, the concerned sarpanch or his deputy is required to forthwith stop functioning on that post," the judge ruled while citing previous precedents. The case arose after seven elected members of the eight-member panchayat moved a no-confidence motion on February 24, 2025. The motion was passed with the requisite majority in a special meeting presided over by the tehsildar on February 27, and subsequently ratified by the gram sabha on March 12. As per the law, the sarpanch ceased to hold office immediately thereafter. The sarpanch challenged the motion before the collector under Section 35(3B) of the Maharashtra Village Panchayats Act, 1959, who granted an interim stay, allowing her to continue in office. This prompted the petition by the elected members through counsel RD Karode. Rejecting the collector's interpretation of powers, the court underscored that the statute clearly mandates that once a no-confidence motion is passed, the office-bearer "shall forthwith stop exercising all the powers and perform all the functions and duties." The court also clarified that while the collector has authority to decide disputes regarding the validity of a no-confidence motion, that power does not extend to granting interim relief that effectively nullifies the outcome of the motion. While allowing the petition and quashing the collector's order, the HC restored the legal position that the sarpanch stood removed immediately after the motion was passed, subject only to final adjudication of the dispute.# Key Takeaways from HC verdictQuashes Akola collector's order granting stay to no-confidence motionMotion passed by requisite majority and ratified by gram sabhaRules no legal provision allows interim stay on such motionsEmphasises immediate effect of no-confidence under Section 35(3)Sarpanch ceases to function immediately after motion is carriedCollector can decide dispute but cannot grant interim protectionCourt calls stay order legally "unsustainable"Judgment reinforces accountability in local self-governance