Poonam Kiran Kamble v. The Collector, Pune And ORS
2023:BHC-AS:31677 912-WP-8821-2023.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8821 OF 2023 Poonam Kiran Kamble ...
Petitioner
Versus
The Collector, Pune and others ...
Respondents .........
Ms. Savita Prabhune for the Petitioner.
Mr. P.G. Sawant, AGP for the State.
Mr. Sushant Prabhune for Respondent Nos.5 and 6. .........
CORAM : N.R. BORKAR, J.
DATED : 19 JULY 2023 P.C. :- 1.
The petitioner was elected as a sarpanch of respondent no.4 - Gram Panchayat Katphal.
2.
On 23 March 2023, respondent nos.5 to 12, issued a requisition to the respondent no.2 - Tahsildar in their capacity as members of Gram Panchayat proposing to move a motion of no-confidence against the petitioner.
3.
In pursuance of said requisition a special meeting of the Gram Panchayat was convened on 28 March 2023 and in the said meeting, all the 8 members of the Gram Panchayat voted in favour of motion of noconfidence. Accordingly, the resolution was passed. 4.
The petitioner being aggrieved by the passing of resolution of Kanchan P Dhuri 1 / 2
912-WP-8821-2023.odt no-confidence filed the dispute application before the respondent no.1-the Collector, Pune. The respondent no.1 by the order impugned in the present petition rejected the said dispute application. 5.
I have heard the learned Counsel for the petitioner. The learned Counsel for the petitioner submits that the notice to convene special meeting was not in prescribed format as provided under the Bombay Village Panchayat Sarpanch and Upsarpanch (non-confidence motion) Rules. It is submitted that meeting was conducted in utter breach of the said rules.
6.
I have perused the impugned order. The respondent no.1 has recorded the finding that the meeting was conducted in accordance with the law. Even otherwise no prejudice is caused to be shown by alleged breach of the rules. No interference is called for in the impugned order. 7.
Writ Petition is dismissed.
( N.R. BORKAR, J. ) Kanchan P Dhuri 2 / 2