Bombay High CourtWP/3502/2015dismissedrule discharged

Sau. Vandana Dhanpal Patil v. Additional Collector, Nagpur And Others

2015-07-07Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp3502.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO.3502 OF 2015 (Smt. Vandana Dhanpal Patil ..vs.. Additional Collector, Nagpur and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A. HAQ, J.

DATED : 07-07-2015 Heard Shri N.A. Gawande, learned Advocate for the petitioner and Shri D.M. Kale, learned Assistant Government Pleader for the respondent Nos.1 and 2. 2.

The petitioner, who was the Sarpanch of the Gram-Panchayat, has challenged the order passed by the learned Additional Collector, dismissing the appeal filed by the petitioner against the no confidence motion passed against the petitioner.

In the appeal filed by the petitioner before the Additional Collector, the substantive challenge was that the no confidence motion was neither proposed nor seconded as per Rule 17 of the Bombay Village Panchayats (Meeting) Rules, 1959. The learned Additional Collector, after considering the judgment given in the case of Shri Tatyasaheb Ramchandra Kale vs. Shri Navnath Tukaram Kakde and others reported in 2015(1) ALL MR 497, has dismissed the appeal filed by the petitioner. The petitioner has not been able to

2 wp3502.15 point out any illegality in the findings recorded by the Additional Collector. No confidence motion has been passed against the petitioner in the ratio of 12 : 3. I see no reason to interfere with the impugned order. 4.

The writ petition is dismissed.

In the circumstances, the parties to bear their own costs. JUDGE pma