UJWALA ANIL THAKARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In order dated 27.10.2010, this Court has already cautioned the parties that Petition is to be disposed of finally at the admission stage. Accordingly, I have heard Advocate Mr. Hon with Advocate Mr. Sawant for Petitioners and Advocate Kulkarni for Respondent No. 6, A.G.P. for Respondent Nos. 1, 2, 4 and 5 and Advocate Mr. Bagul for Respondent No. 3.

(2.) In this Petition filed under Article 226 and 227 of the Constitution of India, three Petitioners who have been elected in the year 2007 as members of the Gram Panchayat, Morane have questioned the order dated 15th October, 2010 passed by the Respondent No. 2 directing dissolution of Gram Panchayat, Morane under the provisions of Section 145 of the Bombay Village Panchayats Act, 1958. The direction has been stayed by this Court on 27.10.2010 itself by directing the parties to maintain status-quo.

(3.) The Petitioner No. 1 is Sarpanch of that Gram Panchayat elected against the post reserved for O.B.C. (woman). A motion of no confidence was moved against her by 12 members and accordingly, a meeting was convened on 07.07.2009. Said motion failed at about 4 'O' clock in the evening and at 4.20 p.m., 11 members tendered their resignations. The present Petitioners and one more member continued to occupy their seats. Intervening events in which some of the resigned members attempted to withdraw the said resignation are not relevant at this stage.