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2013 Supreme(Bom) 536

K.K.TATED, A.M.KHANWILKAR
Vishnu Ramchandra Patil – Appellant
Versus
Group Gram Panchayat – Respondent


Advocates Appeared:
For the Appellants:C.G. Gavnekar, Sandeep Salunke, R.R. Salvi, Rakesh Bhatkar. Advocates.
For the Respondents:V.S. Gokhale, A.G.P., S.A. Sawant a/w Ketan Joshi, D. Dalvi, Advocates.

Judgment :-

K.K. Tated, J.

1. Heard learned counsel for the parties.

2. In these Letters Patent Appeals, common question of law has been argued and, therefore, we are disposing of the same by this common judgment. Each of these Appeals challenge the order passed by the learned single Judge dated 26th July, 2011 and 11th December, 2012 by which their Writ Petitions challenging the order of the Collector and the Commissioner of the concerned districts dismissing the dispute and the Appeals which were preferred to question the no confidence motion passed against

Appellants herein were dismissed.

3. The Appellants are either the Sarpanch or Up-Sarpanch of the concerned Gram Panchayats. In terms of the statutory provisions the members of the Panchayat are entitled to bring a motion of no confidence against the Sarpanch or the Up-Sarpanch. The statutory provision in that regard is in section 35 of the Bombay Village Panchayats Act, 1958 (for short “the said Act”) which reads thus:-

“35. Motion of no confidence. -

(1) A motion of no confidence may be moved by not less than (one-third) of the total number of the members, who are for the time being entitled to sit and vote at any meeting

























































































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