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2024 Supreme(Bom) 248

S. G. MEHARE
Shila W/o Vijay Chavan – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shahaji B. Ghatol Patil.
For the Respondents: A.S. Shinde, P.G. Boarade, Vinayak P. Narwade.

JUDGMENT :

S.G. MEHARE, J.

1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.

2. The petitioners were Sarpanch and Upa-Sarpanch of village Panchayat consisting of eleven members. Seven village panchayat members submitted a notice under Section 35 of the Maharashtra Village Panchayats Act, 1958, for no-confidence against both of them on 3rd October 2023. They have assigned the reasons for the no-confidence motion in the notice. The Tahsildar issued notice to both the petitioners. The petitioners received the notice. They were present in the meeting dated 10.10.2023, specially convened for the no-confidence motion. Both petitioners submitted their say in writing. In the meeting, the resolution of a no-confidence motion was passed against both the petitioners by 3/4th majority. The said resolution was impugned before the District Collector, Jalna. The District Collector confirmed the resolution and dismissed the appeal.

3. The petitioners have objected that a notice of no-confidence motion does not mention that it was a notice of no-confidence motion, and the rules under which the said notice was issued were also not mentioned therein. The notice of a no-con

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