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1998 Supreme(Bom) 496

Hindurao Dnyanu Shirtode and another – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - ASHOK AGARWAL, J.:---Petitioners, who are the Sarpanch and Upasarpanch, Ambak, Taluka Khanapur, Dist. Sangli, have filed the present petition seeking to impugn the No Confidence Motion passed against them in a meeting held on 17th April, 1997.

2.Few facts, giving rise to the filing of the petition, are as under:-

In a Bye-election held on 3rd April, 1997, one Bhausaheb Pandurang Jagdale was elected. His election was displayed on the Notice Board of Grampanchayat on 9th April, 1997. On 11th April, 1997, a requisition for calling a meeting to consider No Confidence Motion was issued. On 12th April, 1997, requisition notice is signed by five members, which is more than 1/3rd of the total number of members of the Grampanchayat. The Tahsildar by his notice dated 12th April, 1997, convened a meeting to be held on 17th April, 1997. The said notice, it is the case of the petitioners, was served upon them on 15th April, 1997. In the meeting held on 17th April, 1997, No Confidence Motion has been duly passed. The petitioners after having failed in the appeals filed before the Collector and the Divisional Commissioner, have moved the present petition.

3.Dr. Choudhari, the learned ad


















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