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2023 Supreme(Bom) 1528

MADHAV J. JAMDAR
Savita Shrimant Ghule – Appellant
Versus
Sangita Bibhishan Sanap – Respondent


Advocates Appeared:
For the Petitioners: Mr. D.S. Mhaispurkar i/b. Mr. A.R. Kapadnis.
For the Respondents: Mr. Umesh Kurund, Mr. A.P. Vanarase, AGP.

JUDGMENT :

1. On the earlier occasion, I have heard submissions of Mr. Mhaispurkar, learned counsel appearing for the Petitioners, Mr. Kurund, learned counsel appearing for Respondent Nos. 1 to 7 and Mr. Vanarsase, learned AGP appearing for the Respondent – State.

2. The Petitioners are challenging the legality and validity of the order dated 13.10.2023 passed by the Collector, Solapur in Grampanchayat Dispute Application Nos. 33 of 2023 and 34 of 2023 filed under Sections 35(3-B) of the Maharashtra Village Panchayats Act, 1959 (hereinafter referred to as “said Act”).

3. By the impugned order, the Collector, Solapur has dismissed the Dispute Applications and held that the ‘Motion of No Confidence’ has been validly passed against the Petitioners i.e. Sarpanch and Upa-Sarpanch respectively of Grampanchayat Ukkadgaon, Taluka - Barshi, District - Solapur.

4. It is the submission of Mr. Mhaispurkar, learned counsel appearing for the Petitioners that no Resolution was moved in the Special Meeting called for discussing ‘Motion of No Confidence’. He submits that notice given to the Tahsildar is merely a notice. He relied on the Full Bench decision of this Court in the case of Viswas Pandurang

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