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2002 Supreme(Bom) 1239

D.Y.CHANDRACHUD
Arjun Sambhaji Khade & others – Appellant
Versus
Mangal Ankush Kharmate & others – Respondent


JUDGMENT - Dr. CHANDRACHUD D.Y., J.:---Rule, made returnable forthwith. Respondents waive service. By consent, taken up for hearing and final disposal.

2. In these proceedings an order passed by the Divisional Commissioner, Pune on 5th April, 2002 rejecting an appeal against an order passed by the Additional Collector, Satara on 5th October, 2001 is called into question.

3. A resolution of no confidence that had been passed by 8 out of 9 members of a Grampanchayat against the first respondent was set aside by the Collector and the order of the Collector has been affirmed in appeal. The order of the appellate authority has been challenged in these proceedings. The seven petitioners and the first respondent are elected members of the Village Panchayat at Enkur. Elections took place in the year 2000 and the tenure of the elected body was until 2005. The first respondent was elected as Sarpanch of the Grampanchayat. On 23rd August, 2001, 8 members of the Grampanchayat moved an application before the Tahsildar recording that they wanted to move a resolution of no confidence against the first respondent, on the ground that the first respondent had been carrying on the business of the Gramp



















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