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2007 Supreme(Bom) 1663

B.R.GAVAI
PRABHAWATI VIJAYKUMAR KHIVSARA – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared
For petitioners: V. M. Chate
Respondents represented by N. N. Jadhav, AGP, V. H. Dighe, AGP, R. N. Dhorde, Nitin K. Choudhari

COURT'S ORDER:- Since, in both the petitions, a common question of law is involved, they are being heard and disposed of by this common order.

2. The petitioner in Writ Petition No. 6811/2007 was Sarpanch and the petitioner in Writ Petition No. 6895/2007 was sarpanch of Grampanchayat Jamthi, Tal. Bodwad, Dist. Jalgaon. A notice of no-confidence motion was moved against the said petitioners and subsequently a motion of no-confidence came to be passed in a Meeting held on 7th August, 2007, by a majority of six against one in a Grampanchayat, which is consisting of nine members.

3. A dispute as provided under section 35(3B) of the Bombay Village Panchayat Act, 1958 and further appeal as provided under section 35 (3C) of the said Act, before the Collector and Divisional Commissioner came to be rejected by the orders dated 29th September, 2007 and 2nd November, 2007. Being aggrieved thereby, the present petitions.

4. Shri V. M. Chate, learned counsel appearing on behalf of the petitioners in both these petitions, submits that the notice of Meeting of no-confidence motion was not served on the Sarpanch. He submits that a farce was created about the service of notice by showing that the noti


























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