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2013 Supreme(Bom) 1

S.V.GANGAPURWALA
Subhash – Appellant
Versus
Additional Collector, Parbhani – Respondent


JUDGMENT

1. Heard.

2. The petitioner is the Sarpanch of Grampanchayat Borgaon, Tq.Palam. The present Respondents Nos.3 to 8 gave a requisition to the Tahsil Office for convening a special meeting to consider No Confidence Motion against the petitioner. The Tahsildar convened the special meeting to be held on 1.10.2012. In the said meeting the motion of No Confidence was passed against the petitioner. Six members were present in the meeting and they all voted in favour of the No Confidence Motion. The said Grampanchayat consist of seven members. The petitioner assailed the said motion of No Confidence before the Additional Collector. The Additional Collector, dismissed the dispute. Aggrieved thereby, the present petition.

3. Mr. Kale, learned counsel for the petitioner strenuously contends that the notice convening the special meeting has to be received by the Tahsildar. The same is the mandate of Section 35 of the Bombay Village Panchayats Act, 1958 (hereinafter referred to as Panchayat Act for sake of brevity). According to the learned counsel the provisions of Section 35(1) of the Panchayat Act of giving such notice to the Tahsildar is mandatory. The learned counsel relies on the

















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