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2023 Supreme(Bom) 1480

G. S. PATEL, KAMAL KHATA
Vitthal Rajaram Shitole – Appellant
Versus
Collector, Pune – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr Surel Shah, with Chaitanya B Nikte, Ritvij Kale & Hitanshu Jain, i/b Prajit S Sahane.
For the Respondents:Mr PS Dani, Senior Advocate, Prem Mhatre, i/b Abhijit B Kadam, Mr AA Alaspurkar, AGP.

JUDGMENT

GS Patel, J.

1. The Petitioner was the Sarpanch of the Gram Panchayat Koregaonmul. For a time, he believed he enjoyed not just the friendship but the political support of Respondents Nos 9 to 13. But he was soon disabused of these notions for, at a meeting to consider a motion of no confidence, Respondents Nos 9 to 13 voted against the Petitioner. Had they not, they would undoubtedly have continued to be the best of friends. But since they did, the Petitioner now contends that his former friends and supporters were disqualified as members of the Gram Panchayat and could not have voted at all on that No Confidence Motion (“NCM”). If their votes are discounted, the motion of no confidence is not pass with the statutorily mandated majority and the Petitioner continues as the Sarpanch.

2. The entirety of the Petition therefore is, in one line, this: “with you or without you, I am the Sarpanch”.

3. The facts are only three. The arguments are many. Elections were held to the Gram Panchayat on 15th January 2021. The results were declared on 18th January of that year, and 13 perso

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