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1998 Supreme(Bom) 558

N.P.CHAPALGAONKER, B.H.MARLAPALLE
Raosaheb s/o Babasaheb Kakade – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - N.P. CHAPALGAONKER, J.:---Heard.

2.Rule. Taken up forthwith for hearing by consent.

3.An action was initiated to remove the respondent No. 3 Sahebrao Bajirao Amte, Sarpanch of the Village Panchayat Bedarwadi, Tq. Patoda, under section 39 of the Bombay Village Panchayat Act. 1958. On 5th September 1997, the Standing Committee for Zilla Parishad, Beed passed a resolution after giving hearing to the respondent No. 3, removing him from the post of Sarpanch of Village Panchayat Bedarwadi, on the ground that he has issued a true copy of a resolution which was not recorded in the proceedings book. This Resolution No. 3 passed by the Standing Committee along with the other proceedings of the meeting dated 5th September, 1997 came up before the next meeting of the Standing Committee on 1st October, 1997 for confirmation of the minutes, as is required by section 111 of the Maharashtra Zilla Parishads and Panchayat Samities Act, 1961. Sub -section (13) of section 111 of the said Act, so far as is relevant for the purposes of this writ petition, reads as under :

" S. 111(13) :

The minutes shall be recorded as soon as practicable after the meeting and shall be placed before the next m












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