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2007 Supreme(Bom) 1645

N.V.DABHOLKAR, P.V.KAKADE
Village Grampanchayat, Talegaon – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Shri A.V. Deshmukh, Advocate for Petitioners.
Shri D.V. Tele, A.G.P. for Respondents to 1 to 3.
Shri S.T. Shelke, Advocate for R.No.4.
Shri N.B. Suryawanshi, Advocate with
Shri Santosh Bhosale, Advocate for R.No.5.

ORAL JUDGMENT: {Per Dabholkar, J}:

1. By this petition, the petitioners, who represent the village panchayat Talegaon and who are also members of the said village panchayat, challenge the notification dated 16th August, 2007, No.VPM 2607/CR-4334/PR-4(22) issued by the Rural Development and Water Conservation Department, Government of Maharashtra. By the said notification, original revenue village Talegaon, which within its territorial limits, comprises Krishnanagar, was bifurcated into two revenue villages by exercising the powers as conferred by Article 243(g) of the Constitution of India r.w. Section 4 of the Bombay Village Panchayats Act, 1958 (Bombay Act III of 1959). The two newly constituted revenue villages are Talegaon and Krishnanagar, both within Chalisgaon tahsil of Jalgaon district. Consequently, the notification issued by the Additional Collector, Jalgaon on 26.10.2007, No. Sasha/gramapa/kavi/85/2007, inviting objections for constitution of wards in the gram panchayat for election of panchayat of Krishnanagar is also sought to be quashed.

2. It is admitted position that the proposal for such bifurcation was initiated by the Group Gram Panchayat Talegaon which comprises















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