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2013 Supreme(Bom) 2029

MRIDULA BHATKAR
Vishal – Appellant
Versus
State of Maharashtra, Through Secretary Rural Development Department, Mantralaya – Respondent


Advocates Appeared:
For the Petitioner:V.D. Salunke, Advocate.
For the Respondents:R1 to R3 & R5, V.G.Shelke, A.G.P, R6, R7, R9, & R10, S.B. Talekar, R8, Shoyab Shaikh, Advocates.

JUDGMENT :

1. Petition is directed against the order dated 7th November, 2012 passed by Additional Collector, Osmanabad declaring that the resolution dated 12th October, 2012 of no confidence passed against the petitioner in the meeting is valid and the Saprach i.e. the Petitioner is disqualified to hold the post of Sarpanch. The petitioner is elected member of Village Panchayat of Khamkarwadi. He is elected for a tenure of 2010 to 2015 and he is holding the post of Sarpanch. Village Panchayat of Khamkarwadi constitutes 7 members. On 8th October, 2012 there was a requisition demanding meeting for motion of no confidence against the Sarpanch. On 9th October, 2012 Tahsildar issued notice pursuant to the requisition informing all the 7 members of the Village Panchayat that the meeting was scheduled on 12th October, 2012. Accordingly, the notices were served on 5 members of the village Panchayat. As per the case of the petitioner, it was not served on him and on the one member of the Panchayat. While arguing it was submitted that Petitioner restricts his case to, that there was no proper service of the notice under the Act on him and he does not press case of nonservice of notice on th




















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