Megha Chandrasen Rokade v. The State Of Maharashtra Through District Collector Nashik And ORS.

wpst-8978-15-(68)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION St.NO.8978 OF 2015 Megha Chandrasen Rokade ..Petitioner Vs.

The State of Maharashtra through District Collector Nashik & Ors.

..Respondents Mr. Harshad Inamdar for the Petitioner Mrs. Vaishali Nimbalkar AGP for the Respondent No.1 CORAM :

R. M. SAVANT, J.

DATE :

6th APRIL, 2015 P.C.

The order dated 19-3-2015 passed by the Additional Collector, Nashik rejecting the Grampanchayat Dispute Application No.6 of 2015 filed by the Petitioner is taken exception to by way of the above Petition. The Petitioner was the Sarpanch of the Grampanchayat Nandurvaidya, Taluka Igatpuri, District Nashik. Pursuant to the requisition made to the Tahsildar a meeting of the Grampanchayat was held on 16-2-2015, in which meeting a resolution of no confidence was passed against the Petitioner by a majority of 7 : 2. The Petitioner took exception to the said resolution by filing the said Dispute Application No.6 of 2015. In the said Application a contention was raised on behalf of the Petitioner that the notice of the said meeting was not served upon the Petitioner. The said aspect has been dealt with by the Appellate Authority by holding that when the said mmj

wpst-8978-15-(68) notice was sought to be served on the Petitioner, since the Petitioner was not present in the house, was sought to be served on an adult member of the Petitioner's family, the same was refused and therefore there was no substance in the contention urged on behalf of the Petitioner. In my view, apart from the said reason mentioned by the Appellate Authority, it is required to be noted that the factum of no confidence motion being moved against the Petitioner was not known to her is totally unacceptable considering the manner in which a Grampanchayat functions. The house having voted against the Petitioner by majority of 7 : 2, in my view no case for interference in the Writ Jurisdiction of this Court is made out. The Writ Petition is accordingly dismissed.

[R.M.SAVANT, J] mmj