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2015 Supreme(Bom) 1418

R.V.GHUGE
Jivan Somarya Thakare – Appellant
Versus
Additional Collector – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: R.R. Deshmukh holding for Sharad V. Natu
For Respondents/Defendant: K.M. Suryawanshi, AGP

ORDER

R.V. Ghuge, J.

1. The issue raised by the petitioner in this Writ Petition for my consideration is, whether, section 35 of the Maharashtra Village Panchayats Act mandates that each and every member of the Gram Panchayat, while participating in a special meeting discussing "No Confidence Motion", shall necessarily have to speak and shall be under a compulsion to speak. The petitioner was an elected Sarpanch of the Gram Panchayat, Kalmadi, Taluka Shahada, District Nandurbar. The Gram Panchayat comprises of 09 members. On 4-6-2014, more than l/3rd members of the Gram Panchayat moved a requisition proposing a motion of no confidence against the petitioner-Sarpanch. The Tahasildar, who received the requisition, issued the notice dated 4-6-2014 for convening a special meeting on 10-6-2014. Accordingly, the special meeting was held on 10-6-2014. All 09 members were present in the said meeting. The motion was carried by six votes as against three and thereby, the mandate of section 35(3) of the Maharashtra Village Panchayats Act was satisfied.

2. The petitioner raised the Gram Panchayat Dispute No. 3/2014 before the Additional Collector, Nandurbar. By the impugned judgment dated 30-9-20



















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