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1981 Supreme(Bom) 145

C.S.DHARMADHIKARI, R.S.BHONSALE
GUNWANTRAO YESHWANTRAO DESHMUKH – Appellant
Versus
State of Maharashtra – Respondent


JUDGMENT

DHARMADHIKARI J.- The petitioner who is a Sarpanch of Village Panchayat of Bodwad, has challenged in this writ petition the order passed by the Collector, Jalgaon dated 31st December 1980 holding that the petitioner stands disqualified as a Sarpanch under section 36 of the Bombay Village Panchayat Act, 1958.

2. It appears from record that the Block Development Officer, Panchayat Samiti, Bhusawal submitted, a report to the Collector on 17th September 1980 bringing to his notice that the monthly meetings of the panchayat for the months April 1979, July 1979, October 1979, December 1979, February 1980, March 1980, April 1980, June and July 1980 were not convened by the petitioner-Sarpanch and, therefore he is disqualified under section 36 of the Bombay Village Panchayats Act from continuing as a Sarpanch of the Village Panchayat. After getting this report from the Block Development Officer, a show cause notice was served on the petitioner by the Collector on 17th October 1980. The petitioner submitted his reply on 3rd November 1980 showing the cause as to why he should not be disqualified. According to the petitioner the circulating memos were issued during these months and a















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