PRATIKSHA PRAVIN RAUT & ANR. Vs. DIVISIONAL COMMISSIONER, KOKAN DIVISION, NAVI MUMBAI & ORS.
LAWS(BOM)-2017-9-10
HIGH COURT OF BOMBAY
Decided on September 04,2017

Pratiksha Pravin Raut And Anr. Appellant
VERSUS
Divisional Commissioner, Kokan Division, Navi Mumbai And Ors. Respondents

JUDGEMENT

M.S.SONAK, J. - (1.) Heard Mr.Gavnekar for the petitioners, Mr.S.D. Rayrikar, AGP for respondent Nos.1 and 3. and Mr.Pradeep Gharat for respondent No.2.
(2.) The challenge in this petition is to the orders dated 17072017 and 14082017 made by the Divisional Commissioner and the State Government ordering/approving the removal of the petitioners as Sarpanch/Members of the Gram Panchayat in terms of Section 39 of the Maharashtra Village Panchayat Act, 1959 (said Act).
(3.) Mr.Gavneker, the learned counsel for the petitioner submits that the Chief Executive Officer of Zilla Parishad, in this case, has submitted a report dated 04022017, in which, the CEO, did not return any finding that the petitioners had indulged into any misconduct as contemplated by Section 39 of the said Act. Mr.Gavnekar submits that all that the CEO has recorded is that there was some violation of the procedural rules, in the matter of passage of Resolution No.456/2012 dated 29/04/2015 (said resolution) by which the tax assessment in respect of house constructed by the petitioner No.2 was reduced from Rs.5/ per sq.ft. to Rs.2.50/ per sq. ft. Mr. Gavnekar points out that the CEO's report also records that the previous resolution by which the assessment was determined at Rs.5/ per sq.ft. was also vitiated by noncompliance with the rules and other procedural requirements.;


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