JUDGMENT - MUNSHI V.G., J.:---Heard the learned Advocates for the parties.

Rule. By consent, Rule made returnable forthwith.

2. This writ petition is directed, challenging the order passed by the Additional Divisional Commissioner, Aurangabad, in appeal filed under section 35(3C) of Bomaby Village Panchayats Act, 1958, on 5-1-2004, thereby setting aside the order passed by Collector, Jalna, on 17-10-2003, holding that, the no confidence motion passed in the Panchayat meeting on 6-8-2003 is legal and valid.

3. Before proceeding with the merits of the case, points to be decided, etc., it is necessary to acquaint ourselves with the facts and circumstances of the case with which are concerned.

4. The petitioner, in the year 2001, was elected as Sarpanch of Gram Panchayat of village Dahigaon. The respondent Nos. 2 to 6, who were the members, on 30-7-2003, moved requisition/notice of no confidence motion against the petitioner. In pursuance to the said notice. Tahsildar, Jafrabad, convened a special meeting on 6-8-2003 and resolution of no confidence was passed in the said meeting.

5. The petitioner has challenged the said resolution mainly on the ground that, in view of the provisions of s

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