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2002 Supreme(Bom) 292

D.G.KARNIK
Durgadas Ukhaji More & others – Appellant
Versus
Additional Commissioner, Nasik Division & others – Respondent


JUDGMENT - KARNIK D.G., J.:---In pursuance of the notice before admission issued by this Court the respondents 1 to 8 appeared through their respective Counsel. Respondent No. 9 though served is absent. By consent of all, heard finally.

2. Respondent No. 4 was elected as a Sarpanch of respondent No. 3 Village Panchayat. Respondents 5 to 8 are the elected members of respondent No. 3 Village Panchayat who are supporting respondent No. 4 Sarpanch. The petitioners and respondent No. 9 are members of Village Panchayat who had moved the resolution of no confidence against respondent No. 4.

3. The petitioners and the respondent No. 9 gave a notice of their desire to move a motion of no confidence against respondent No. 2 to the Tahsildar under section 35 of the Bombay Village Panchayat Act, 1958 (for short the Act) read with Rule No. 2 of Bombay Village Panchayat, Sarpanch and Upa-Sarpanch (No Confidence Motion) Rules, 1975 (for short the Rules). The notice was accompanied by 7 additional copies thereof and was in the form prescribed under Rule 2 of the Rules. In pursuance of the said notice dated 30th May, 2001, a special meeting of the Village Panchayat was called by the Tahsildar on 4th





















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