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2021 Supreme(Bom) 1161

SANDEEP K.SHINDE
Ankush Achutrao Raut – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
R.V. Gore, Advocate, S.P. Tiwari, Advocate, A.D. Sugdare, Advocate

JUDGMENT

Sandeep K Shinde, J. - This petition challenges the orders dated 6th February, 2020 passed by the Additional Divisional Commissioner, Aurangabad under Section 39(2) and order dated 10th February, 2021 passed by the Hon'ble State Minister, Rural Development under Section 39(3), both in exercise of powers, under the Maharashtra Village Panchayats Act, 1959; whereby the Petitioners were removed from the office of Group of Gram Panchayat, Karodi Sajapur, for their remaining term as a members of Panchayat.

2. Briefly, stated facts of the case are that, the Petitioner Nos. 1 and 2 were Sarpanch and Up-Sarpanch of the Group of Gram Panchayat, Karodi Sajapur (Panchayat for short). In the year 2017, Petitioner No.1 was directly elected as Sarpanch. Petitioner Nos. 3 to 9 were elected as members of the Panchayat. It may be stated the Respondent No.6 is one of the elected members of the Panchayat. In the meeting of the Panchayat held on 30th January, 2018, Petitioners and Respondent No.6 unanimously resolved to grant development permission to six persons to develop their respective plots. Whereafter Respondent No.6 complained to the Additional Divisional Commissioner, that the resoluti

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