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2022 Supreme(Bom) 461

BHARATI H.DANGRE
Ankush s/o Pandurang Shinde – Appellant
Versus
State of Maharashtra, Through the Minister, Rural Development Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Mayur Salunke h/f Mr. V. D. Salunke, Advocate
For the Respondent:Mr. A. A. Jagatkar, AGP, Mr. P. D. Suryawanshi, Advocate, Mr. A. A. Khande, Advocate, Mr. R. T. Deshmukh, Advocate

JUDGMENT :

1. The petitioner, who is a Sarpanch of Village Panchayat, Warapgaon, Tq. Ambajogai, Dist. Beed, is aggrieved by an order passed by the Divisional Commissioner, Aurangabad, thereby removing him from the said post under Section 39(1) of the Maharashtra Village Panchayats Act (herein after referred to as “said Act”) and further by the order passed by the Hon’ble Minister (Rural Development), upholding the said order in an Appeal instituted by him under Section 39(3) of the said Act.

2. Heard learned Counsel Shri. Mayur V. Salunke for the petitioner, learned AGP for respondent/State, learned Counsel Shri. P. D. Suryawanshi for respondent no. 3, learned Advocate Shri.A. A. Khande for respondent no. 4, 5, 6 & 8 and learned Counsel Shri. R. T. Deshmukh for respondent no. 7.

Rule. Rule is made returnable forthwith and the petition is taken up for final hearing by consent of parties.

3. A cursory look at the facts involved would reveal that the petitioner was directly elected as a Sarpanch, since the majority of the villagers voted in his favour, when the election to the post of Sarpanch of village Warapgaon was held in October-2017. On his election, he assumed the charge and he con

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