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2022 Supreme(Online)(Bom) 273

HIGH COURT OF BOMBAY
Smt. Anuja Prabhudessai, J
Sau. Sunita Pruthaviraj Meshram – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
For the Appellants/Petitioners: Shri S.P. Bhandarkar, Shri Ganesh Mate
For the Respondents: Shri A.M. Kadukar, Shri I.S. Charlewar, Shri P.J. Mehta, Shri A.A. Naik

JUDGMENT

01] Rule. Rule made returnable forthwith. Heard finally with consent of learned counsel for the parties.

02] The Petitioner challenges the order dated 02.08.2021 passed by the Respondent No.2 - Additional Commissioner in exercise of powers conferred under Section 39 (1) of the Maharashtra Village Panchayats Act, 1959 (hereinafter referred to as “the said Act”) and the order dated 5.10.2021 passed by the Respondent No.1 – Minister rejecting the appeal preferred by the Petitioner under Section 39 (3) of the said Act.

03] The Petitioner is a duly elected Sarpanch of the Gram Panchayat Tekadi (Coal-Mine), Parseoni, Nagpur. She has been elected from Scheduled Caste category by direct election process for a term of five years, which is due to expire in the year 2022. In view of complaint received from some of the members, Respondent No.3 – C.E.O. directed the Respondent No.4 - B.D.O. to conduct an enquiry. Pursuant to the preliminary report submitted by the B.D.O., Respondent No.3 allegedly conducted an enquiry under Section 39 (1) of the said Act with permission of Respondent No.2. The Respondent No.2 has removed the Petitioner from the office of Sarpanch acting upon the report

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