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2011 Supreme(Bom) 482

D.K.DESHMUKH, ANOOP V.MOHTA, R.V.MORE
Shri Viswas Pandurang Mokal – Appellant
Versus
Group Gram Panchayat Shihu – Respondent


Advocates appeared:
For the Petitioners:C.G. Gavnekar with G.S. Hiranandani, Suhas Deokar, Subhash Patil, Ashutosh C. Gavnekar, M.M. Sathye, Advocates. For the Respondents: R1, R3 & R5 to R10, Ms. Ganjan Shah i/b S.A. Sawant, S.R. Nargolkar, Addl.G.P. with R.M. Patne, AGP & S.N. Bhosale, AGP.

JUDGMENT :-

D.K. DESHMUKH, J.

1. The question of law which has been referred to us in Writ Petition No.4601 of 2001 is “Whether the provisions of the Meeting Rules and in particular Rule 17 thereof, will apply to the meeting convened specifically for considering the motion of no confidence moved in accordance with sub section 1 of section 35 of the said Act and the No Confidence Motion Rules?”

2. In Writ Petitions Nos.7854 of 2010 and 7899 of 2010, the issue or the question of law which has been referred to us is “Whether in proceedings under Sub-Section 3-B of section 35 of the Bombay Village Panchayats Act, 1958 a direction can lawfully be issued for convening a new meeting after expiry of the period of seven days provided under sub-section 2 of section 35 of the said Act on the basis of a motion of no confidence which is held to be illegal?”.

3. Both questions referred to us relate to the provisions of the Bombay Village Panchayats Act in general and provisions of Section 35 in particular and therefore both these questions can be conveniently decided by a common judgment.

4. The facts of the case are that the Petitioner in Writ Petition No.4601 of 2010 was elected as a Sarpanch
























































































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