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1997 Supreme(Bom) 164

A.P.SHAH, B.H.MARLAPALLE
Prakash s/o Barku Patil – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - B.H. MARLAPALLE, J.:---Heard both the sides.

2.This writ petition filed under Article 226 of the Constitution of India challenges the notice dated 21-3-1997 issued by respondent No. 2-- the Tahsildar, Parola, regarding no confidence motion against the petitioner.

3.The petitioner is elected as Sarpanch of Group Gram Panchayat, Mohadi, Taluka Parola, District Jalgoan in 1992 and thereafter on 1-3-1996 a no confidence motion was moved against him which was defeated in the meeting held on 6-3-1996. Again some members sent a notice regarding no confidence to the respondent No. 2 the Tahsildar- and the Tahsildar had fixed a meeting of the Gram Panchayat for the said purpose on 7-11-1996. By his letter dated 6-11-1996 the Tahsildar informed the concerned members that in view of the amended provisions of section 35(3-A) of the Bombay Village Panchayats Act, 1958 the motion was not entertainable and hence the meeting scheduled on 7-11-1996 was cancelled. A group of four members out of 7 members of the Group Gram Panchayat submitted a fresh notice of no confidence to the Tahsildar on 21-3-1997 and the Tahsildar fixed a meeting of the Gram Panchayat members for the said purpose on










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