Bombay High CourtWP/1867/2016dispossed offdismiss for default

Sau. Jayabai W/O. Pramodrao Dhage v. State Of Maha., Thr. The Sect., Rural Devp. Dept., Mumbai And Others

2016-06-28Hon'Ble Shri Justice Z.A. Haq2 pages

wp.1867.16 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.1867 of 2016 (Sau. Jayabai w/o Pramodrao Dhage vs.

State of Maharashtra, through its Secretary, Rural Development Department, Mantralaya, Mumbai and others) =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

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CORAM

: Z.A. HAQ, J.

DATE : 28 th JUNE, 2016.

Heard Shri D.S. Lambat, learned Advocate for the petitioner, Shri R.D. Murkute, learned Advocate for respondent Nos.4 to 11, Shri P.D. Sharma, learned Advocate for respondent No.12 and Shri A.D. Sonak, learned Assistant Government Pleader for respondent Nos.1 to 3. The contention of the petitioner is that the notice of convening the meeting to consider the 'no confidence motion' was given on 04/01/2016 and the meeting is held on 11/01/2016 and, therefore, there is violation of provisions of Section 35(1) of the Maharashtra Village Panchayats Act, 1958, which lays down that the meeting should be held within seven days of receipt of the notice. The issue raised by the petitioner is covered by the judgment given in the case of Prabhakar Madhav Jadhav vs. State of Maharashtra and

wp.1867.16 2/2 others, reported in 2003(2) Bom.C.R. 871, which lays down that the day on which the notice is received, has to be excluded while calculating the period of seven days for convening the meeting.

'No confidence motion' is passed by 7 out of 9 members i.e. more than 2/3rd majority. The petitioner has not been able to demonstrate that the 'no confidence motion' passed against him is illegal or unsustainable for any other reason. The impugned order is proper and does not require any interference.

The petition is dismissed. The parties to bear their own costs.

JUDGE *sdw