SUBHASH Vs. SUREKHA HANUMANT BANKAR

JUDGEMENT

(1.) Leave granted. This appeal takes exception to the judgment and order dtd. 20/1/2021 passed by the High Court of Judicature of Bombay Bench at Aurangabad in Writ Petition No. 238 of 2021 allowing the writ petition filed by the respondent No.1.

(2.) The respondent No. 1 was directly elected as a Sarpanch of the village Karajkheda, Taluk and District Osmanabad by the public in general election of the Gram Panchayat held on 17/10/2017. Because of his acts of commission and omission, the members of the Gram Panchayat moved resolution expressing no-confidence against respondent No.1. That resolution was passed by requisite majority on 19/10/2020. Against that resolution, the respondent No.1 carried the matter before the Collector, who, in turn, vide order dtd. 31/12/2020 issued the following directions:

(3.) Against the said decision, the matter was taken before the High Court by respondent No. 1 by way of Writ Petition (C) No. 238 of 2021. The learned Single Judge of the High Court allowed that writ petition in terms of prayer clause (b). The effect of the order passed by the High Court was to not only set aside the order passed by the Collector dtd. 31/12/2020 but also resolution dtd. 19/10/2020.