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2021 Supreme(Bom) 758

V.K.JADHAV
Shantabai Babu Sagat – Appellant
Versus
State of Maharashtra & Others – Respondent


Advocates appeared:
Mr.V.S.Undre, Advocate, for the Appellant / Mr.R.D.Sanap, Agp, Mr.V.V.Ingale, Advocate, for the Respondent.

JUDGMENT

1 The learned AGP tenders affidavit-in-reply across the bar, copy of which is given to the learned Counsel for the petitioners. The same is taken on record.

2 The learned Counsel for the Respondents No.3 to 8 submits that during pendency of these two writ petitions, in terms of the directions issued by the Collector while passing the impugned order, the Gram Sabha was conducted by the concerned Block Development Officer and majority of the members of the Gram Sabha voted in favour of No Confidence Motion.

3 The learned Counsel for the petitioners, in terms of the ratio laid down by the Division Bench of this Court in the case of Mrs.Samidha Janardan Kudalkar Vs. State of Maharashtra & others, (Writ Petition St.No.98737 of 2020, decided on 22nd December, 2020) seeks leave to add prayer clause pertaining to the decision taken by the Gram Sabha on 21st February, 2021.

4 Leave granted.

5 The petitioners, in these two writ petitions, are Sarpanch and Upa-Sarpanch, respectively. The petitioner in Writ Petition No.214 of 2021 is a directly elected Sarpanch of the Gram Panchayat. The members of the Gram Panchayat have moved motion of No Confidence and accordingly the Tahsildar concerne

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