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1997 Supreme(Bom) 482

V.R.DATAR, N.P.CHAPALGAONKER
Chandarbai w/o Malhari Gaikwad and another – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - N.P. CHAPALGAONKER, J.:---This is a petition of two petitioners of the village panchayat Devapur in Degloor taluka of Nanded district. The office of the Sarpanch of the village panchayat, Devapur is reserved for the category of other Backward Class (woman). An order to this effect has been passed by the Collector, Nanded under section 30 of the Bombay Village Panchayat Act, 1958. After the elections, respondent No. 6 Smt. Noor BAAG Jamanabee Maulana, a woman member of the village panchayat elected from the seat reserved for Other Backward Class was elected as the Sarpanch unopposed since she alone had filed a valid nomination. On 25th July 1996, a vote of No Confidence came to be passed per majority against the said Sarpanch and, therefore, the office of the Sarpanch became vacant under the provisions of section 35(3) of the said Act.

2. Again the election of Sarpanch of the village panchayat was announced and on 7th September 1996, the respondent No. 6 Smt. Noor Baag Jamanabee Maulana was again elected as the Sarpanch unopposed. The present petitioners and three other members of the village panchayat had filed an objection petition to the Returning Officer saying tha






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