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2014 Supreme(Bom) 163

A.S.OKA, S.C.GUPTE
Tatyasaheb Ramchandra Kale – Appellant
Versus
Navnath Tukaram Kakde – Respondent


Advocates appeared:
For the Appellant:C.G. Gavnekar, Shiva Patil, Advocates.
For the Respondents:R1, Shriniwas S. Patwardhan, Advocate, A.B. Vagyani, Additional Government Pleader.

Judgment

S.C. Gupte, J.

1 In this appeal, the Appellant has challenged an order passed by a learned Single Judge of this court in a writ petition refusing to grant interim relief to the Appellant, who was a petitioner in the writ petition.

2 In an election of the village panchayat held in the year 2010, the Appellant was elected as the Sarpanch for the village Theur in Taluka Haveli, District Pune, for a period of 5 years. The Gram Panchayat has 17 members. On 5 October 2011, Respondent No.7 along with 6 others, all of whom were members of the panchayat, moved a no confidence motion against the Appellant by giving notice under Section 35 of the Bombay Village Panchayats Act, 1958 (“the Act”). Respondent No.14 – Tahsildar disposed of the notice on the ground that the notice was not tendered in the prescribed form. Thereafter, on 7 March 2012, Respondents Nos.1 to 13 submitted another notice to the Tahsildar. The Tahsildar convened a special meeting of the Panchayat on 12 March 2012 for discussing the no confidence motion. The meeting was attended by all 17 members of the Panchayat. 13 members voted in favour of the no confidence motion by raising their hands, and the motion was declar




































































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