1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4730 OF 2010 (Sau. Geeta Sanjay Chute vs. Additional Collector & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. OCTOBER 25, 2010. Heard Shri Band, learned counsel for the petitioner, Shri Kankale, learned AGP for respondent No.1, Shri Raut, learned counsel for respondents No. 2 to 7 and Shri Awachat, learned counsel for respondent No. 8. This is second round of litigation. In earlier round, this Court set aside the order after expressly noticing that report of Block Development Officer dated 30.07.2009 on which action was taken against the petitioner – Sarpanch was not supplied to her. The impugned order is passed after supplying that copy to the petitioner. The said report is not produced before this Court. In this situation, it is apparent that other contentions being raised, which give rise to only questions of fact, cannot be appreciated here in writ jurisdiction. When on 01.07.2010 in Writ Petition 2412 of 2010, this Court remanded the matter with specific direction and that direction has been complied with, it 2 was obligatory on the part of the petitioner to place a copy of said report on record. However, even if the petitioner is found responsible for not conducting Gram Sabha meeting on 29.05.2010 or then fabricating the proceedings to show that meeting could not be conducted on that date, Section 7 of the Bombay Village Panchayat Act, contemplates her removal from the post of Sarpanch. The said provision does not contemplate her disqualification/ being discontinued as the Member of Gram Panchayat. By impugned order the order dated 30.08.2010, the petitioner is not only disqualified to continue as Sarpanch but has also removed from Membership. The removal from membership, therefore, cannot be sustained. Hence, writ petition is partly allowed. The removal of petitioner from membership of Gram Panchayat is quashed and set aside. Her removal as Sarpanch is maintained. Rule is made absolute accordingly. No order as to costs. JUDGE *GS.