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2010 Supreme(Bom) 518

R.M.BORDE
SHIVKANT s/o HARIBHAU BANGAR – Appellant
Versus
GRAMSEV AK, MAUJE RA TNAPUR – Respondent


Advocates Appeared:
For petitioners: V. D. Salunke holding for S. J. Salunke
For respondent Nos. 2, 3, 5, 6, 8 and 9: S. G. Chapalgaonkar
For respondent Nos. 10 to 12: Mrs. Y. M. Kshirsagar, A.G.P.

JUDGMENT :- Heard learned Counsel for respective parties Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

2. In both the petitions challenge is raised to the order in respect of dismissal of the appeal presented by respective petitioners to the Divisional Commissioner, Aurangabad, on 19-12-2009, thereby confirming the order passed by Additional Collector, Osmanabad, dated 20-10-2009.

3. The dispute pertains to no confidence motion moved against petitioners, who are holding the post of Sarpanch and Upa-Sarpanch, respectively of Village Panchayat Ratnapur, Taluka Kalamb, District Osmanabad. The election to the members of village Panchayat was held in the year 2007 and petitioners in both the petitions are elected as members of village Panchayat. On 10th August 2009, six members of village Panchayat moved a common requisition to the Tahsildar requesting for convening a special meeting to discuss the motion of no confidence moved against Sarpanch and Upa-Sarpanch. On 12th August, 2009, Tahsildar, Kallam, issued notices to the members prescribing date and venue of the special meeting as 17-8-2009. A common notice came to be issue































































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