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2010 Supreme(Bom) 686

R.C.CHAVAN
Vijay Ramchandra Katkar – Appellant
Versus
Group Gram Panchayat Pali, Distt. -Raigad – Respondent


Advocates Appeared:
Mr. C. G. GAVNEKAR, for the Petitioner.
Mr. M. M. SATHYE, for Respondent Nos.2, 3,5 to 10,12,14,15.
Mr. SUHAS DEOKAR, for Respondent Nos. 4, 11, 13 & 16.
Mr. R. M. PATNE, AGP, for Respondent Nos.17 to 20.

JUDGMENT:- Rule. By consent rule made returnable forthwith.

This petition is directed against the order passed by the Collector Raigad on 4th November, 2009 and maintained upon appeal by the Additional Commissioner, Konkan Division, by judgment dated 1st December, 2009.

2. Facts which are material for deciding this petition and about which there can be no dispute are as under -

On 16th March, 2008 elections were held at village Pali, taluka Sudhagad for electing members of the Gram Panchayat. The petitioner was one of the members elected at those elections. On 30th June, 2008 the petitioner was elected as Sarpanch at the first meeting of the Gram Panchayat. On 28th August, 2009 respondent Nos.2 to 13,15 and 16 served notice under section 35 of the Bombay Village Panchayat Act (hereinafter referred to as the "Act") and the Sarpanch and Upa-sarpanch No Confidence Rules, 1975 (hereinafter referred to as the "Rules"). Pursuant to the said notice, on 28th August, 2009 the Tahsildar, Pali Sudhagad convened a meeting of the Gram Panchayat on 2nd September, 2009. This meeting was accordingly held on 2nd September, 2009 and was presided over by the Tahsildar Pali At that meeting, a 'no confide
























































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