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2002 Supreme(Bom) 500

RANJANA DESAI, C.K.THAKKER
Ganesh Raghunath Samel – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - P.C.---The petition is filed by the petitioner for an appropriate direction by quashing and setting aside of the order dated 7th of November, 2001, passed by the Dy. Collector, Raigad- Alibag, Dist. Raigad, respondent 3 herein in Village Panchayat Appeal No. 17 of 2001 and confirmed by the Commissioner on 28th February, 2002.

2. The petitioner was elected as Committee Member of Group Gram panchayat Nizampur, Taluka Mangaon, Dist. Raigad on 23rd of January, 1999. The petitioner contested for the office of Deputy Sarpanch and was elected as Deputy Sarpanch.

3. Respondents 6 to 17 were the members of the said Gram Panchayat. They sent a notice of No Confidence Motion with the Tahsildar, respondent 4 on September 20, 2001.

4. The respondent 2 instead of convening and holding a meeting within seven days, as required by sub-section (2) of section 35 of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as “the Act”), convened a meeting on 29th of September, 2001 i.e. after stipulated period of seven days. In the said meeting, No Confidence Motion was passed against the petitioner by two third majority. Appeals filed against the said action came to be dismissed by th












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