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2001 Supreme(Bom) 522

R.M.S.KHANDEPARKAR
Mandabai Balnath Rohom and others – Appellant
Versus
Ashok Fakira Chandar and others – Respondent


JUDGMENT - R.M.S. KHANDEPARKAR, J.:---Heard the learned Advocates for the parties. Perused the records.

2. Rule. Rule made returnable forthwith by consent.

3. The point which arises for consideration in this petition is whether under sub-section (2) of section 35 of the Bombay Village Panchayats Act, 1958 (hereianfter called as "the said Act"), it is necessary to hold the meeting of the Panchayat for considering the motion of no confidence, of which the notice has been received by the Tahsildar under sub-section (1) of section 35 of the said Act, within seven days of the receipt of such notice or whether it only requires that a notice calling meeting of the panchayat should be issued within seven days of the receipt of the notice of no confidence motion by the Tahsildar?

4. Few facts, relevant for the decision, are that the petitioners were elected as members of the Gram Panchayat, Khirdi Ganesh, taluka Kopergaon, District Ahmednagar in the elections held in the year, 1997 for a term of five years. The respondent No. 1 was elected as Sarpanch. On the allegations of mismanagement and misuse of the office of the Sarpanch, the petitioners submitted a notice in relation to motion of no co


























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