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2012 Supreme(Bom) 1724

R.M.BORDE
Kishor Tanaji Kharat – Appellant
Versus
Divisional Commissioner, Aurangabad – Respondent


Advocates appeared:
Mr. D.P. PALOKAR, advocate for petitioners.
Mr. S.D. KALDATE, AGP for respondent nos. 1 and 2.
Mr. D.R. KALE, advocate for respondent no. 3.
Mr. U.B. BONDAR, advocate for respondent no.4.
Mr. P.S. SHINDE, advocate for respondent no. 5.

JUDGMENT:-

Heard.

2. Rule. Rule made returnable forthwith. With the consent of the parties, petition is taken up for final disposal at admission stage.

3. Petitioners are members of Village Panchayat Dahegaon, Tq. Gangapur, Dist. Aurangabad. Respondent no. 5 was elected as Sarpanch of Village Panchayat, however, she tendered resignation on 4-11-2011 to the Chairman of the Panchayat Samiti, Gangapur, Panchayat Samiti, Gangapur, directed to place the resignation for verification in the meeting of Village Panchayat. Accordingly, meeting of Village Panchayat was convened on 29-11-2011 and the resignation tendered by respondent no. 5 was accepted in her presence as well as in the presence of her husband who was also member of Village Panchayat. Respondent no. 5 presented dispute to the Additional Collector, Aurangabad, on 19-12-2011 objecting validity of acceptance of resignation. Alongwith dispute, she tendered application seeking condonation of delay in filing dispute. It is the contention of respondent no.5 that in fact she has not tendered resignation. Some blank papers were handed over by her to Sk. Kalim Sk. Fakir and Shrimant Raibhan Chape who have mis-used the same and prepared re

























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