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1997 Supreme(Bom) 397

B.B.VAGYANI, A.P.SHAH
Ganpatrao Bhosale and others – Appellant
Versus
State of Maharashtra and others – Respondent


JUDGMENT - A.P. SHAH, J.:---The petitioners are the Sarpanchs of Gram Panchayats of Bhuinj, Kikli, Chindhavli and Jamb, Taluka Wai, District Satara. There was a demand for creation of a separate Gram Panchayat of Kisanveernagar. The Standing Committee of Satara Zilla Parishad had passed a resolution on 27th July, 1984 for formation of the separate Gram Panchayat for Kisanveernagar. The proposed Gram Panchayat was to be formed out of the areas of the existing four Gram Panchayats. Section 5 of the Bombay Village Panchayat Act, 1958 contemplates a Panchayat for each village, but section 4(1) thereof authorises the Government to declare any local area or group of revenue villages as one village for this purpose and thereafter include or exclude any part of such area after consulting (1) the Panchayat concerned and (2) the Standing Committee of the Zilla Parishad. Pursuant to the resolution passed by the Zilla Parishad, Satara, the Commissioner, Pune Division, the respondent No. 2 herein, had issued notices to the aforesaid four Gram Panchayats with a view to consult them in respect of the proposal for establishment of the new Village Panchayat to be known as Kisanveernagar Gram Pancha













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