-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.3243 OF 2008 PETITION NO.3243 OF 2008 PETITION NO.3243 OF 2008 Annasaheb Balwant Shendure. ..Petitioner. Versus Versus Versus Gram Panchayat Hupari, through its Sarpanch & Anr. ..Respondents. .... Ms.Pawar, Adv. for the Petitioner. Mr.V.S.Masurkar, G.P. for Respondents. .... CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & S.S.SHINDE, S.S.SHINDE, S.S.SHINDE, JJ. JJ. JJ. DATED DATED DATED : 4TH JULY,2008. : 4TH JULY,2008. : 4TH JULY,2008. P.C. P.C. P.C. 1. The petitioner challenges the letter written to him from Sarpanch, asking him to produce the documents and information with respect to Water Supply and Sanitation Committee. It was submitted by the petitioner that he was appointed as a President of the Committee and without following due process of law, and an anti-dated letter was sent to him by the Gram Panchayat. In the counter affidavit, the Gram Panchayat has admitted that the petitioner was President of the said Committee, but he was removed and another person was appointed in a meeting of Gram Sabha. -2- 2. The reference is given to section 249 of the Bombay Village Panchayat Act, which authorises Panchayat to constitute amongst members, the Committee for the purpose of exercising said powers and discharging such duties and performing such functions, as may be delegated or assigned to them by the Administrator. Therefore, the power of Panchayat is absolute to appoint Committee of its choice amongst its members. Whether the procedure was followed or not, would be a question of fact, as the Gram Panchayat has in its counter affidavit submitted that the procedures were followed, whereas it is disputed by the petitioner. Hence, we do not find that this is a case for intervention by this Court. 3. The writ petition is dismissed accordingly. [BILAL [BILAL [BILAL NAZKI, J.] NAZKI, J.] NAZKI, J.] [S.S.SHINDE,J.] [S.S.SHINDE,J.] [S.S.SHINDE,J.]