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2008 Supreme(Bom) 435

A.H.JOSHI
PUSHPA w/o PURUSHOTTAM WAGHADE – Appellant
Versus
ADDITIONAL COMMISSIONER, AMRAVATI – Respondent


Advocates Appeared:
For petitioner: A. V. Gawande
For respondents No.4 to 9: P. B. Deshmukh
For respondents No.1 to 3: S. B. Ahirkar, AGP

ORAL JUDGMENT ;- Rule. Rule is made returnable and is heard by consent.

2. The petitioner is challenging the order passed by the Additional Commissioner, Amravati Division, Amravati, in appeal filed by the petitioner challenging the order of the Collector rejecting the dispute, and upholding motion of no confidence.

3. The challenge as argued, and spelt out in the petition, can be summarized as under:

(a) 'While issuing notice by the Tahasildar to the members of special meeting, mandatory procedure laid down under Rule 2(2) of Sarpanch and UpSarpanch Vote of No Confidence Rules has not been followed inasmuch as annexure of requisition notice was not provided to the petitioner, and thus on this count alone, the order is vitiated.

(b) The notices of the meeting has not been served properly to the members and more particularly to the petitioner as per provisions of relevant rules resulting in depriving the petitioner of the opportunity of mustering the support and removing the misunderstanding of the members, and hence, the motion is carried by violating the principle of natural justice.

(c) That the order is passed by the Officer who is not appointed as Additional Commissioner, who is rat




































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