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2022 Supreme(Bom) 468

BHARATI H.DANGRE
Jijabai Parasram Aatram – Appellant
Versus
Collector, Nanded – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. V.B. Deshmukh, Advocate
For the Respondent:Mr. S.N. Morampalle, AGP, Mr. P.B. Rakhunde, Advocate

JUDGMENT :

1. The petitioner, a directly elected Sarpanch, of village Panchayat Dhamandari, is aggrieved by her removal from the said post in the wake of no confidence motion passed in special meeting of the Gram Panchayat and it’s ratification in special Gram Sabha and the order passed by the Collector, declaring her to be disqualified to hold the post of Sarpanch.

2. Heard learned advocate Mr. Umakant B. Deshmukh for the petitioner, learned A.G.P. Mr. S.N. Morampalle for respondent Nos. 1 to 3 and learned advocate Mr. P.B. Rakhunde for respondent Nos. 4, 6 to 9 and 11.

3. The petitioner came to be elected as a Sarpanch directly from the villagers to occupy the seat reserved for Scheduled Tribe Woman. On her election, she continued to discharge her duties as Sarpanch.

During her stint as Sappanch the respondent Nos. 6 to 12 who are the members of the Gram Panchayat moved a no confidence motion against her on 4.5.2021 before the Tahsildar Kinwat. The motion being signed by six members alleged that they have lost confidence in the Sarpanch and requested for appointment of new Sarpanch.

Upon receipt of the requisition Tahsildar, Kinwat scheduled a special meeting of the Gram Sabha on

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