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2019 Supreme(Bom) 21

MANISH PITALE
Manoj Ghanshyamdas Banode – Appellant
Versus
Presiding Officer/Tahsildar, Dhamangaon Rly. , Taluka, Dist. Amravati – Respondent


Advocates Appeared:
For the Petitioner:Mr. A.S. Shukla, Advocate
For the Respondent:Ms. T.H. Khan, AGP, Mr. A.P. Kalmegh, Advocate, Mr. P.S. Gavai, Advocate

JUDGMENT :

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned counsel appearing for the parties.

2. The challenge in this writ petition is raised by the petitioner who was an elected Sarpanch of Gram Panchayat Talegaon Dashasar, to his removal from the said elected position in pursuance of a no confidence motion passed against him on 05.12.2016 by the members of the Gram Panchayat, in a meeting presided over by the Tahsildar and to the order dated 24.01.2017 passed by the Additional Collector, Amravati, whereby the dispute filed by the petitioner against passing of such no confidence motion, was dismissed. The contentions raised on behalf of the petitioner on the basis of the provisions of the Maharashtra Village Panchayats Act, 1958 and various Rules framed thereunder, are twofold. Firstly, that the petitioner was never granted an opportunity to address the members of the Gram Panchayat in the meeting held on 05.12.2016 in order to give his response to the charges levelled against him in the no confidence motion, thereby denying him a valuable opportunity in a democratic set up and secondly, that the voting on the said no confidence motion was hel

















































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