Radhabai W/O. Tulsiram Khambalkar v. Additional Collector, Washim Division, Washim And Others

2703wp3741.15.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.3741 of 2015 (Radhabai w/o Tulsiram Khambalkar v. Additional Collector, Washim Division, Washim, and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Smt. R.S. Sirpurkar, Advocate for Petitioner. Shri K.R. Lule, Assistant Government Pleader for Respondent Nos.1 and 2.

Coram : R.K. Deshpande, J.

Date : 27 th March, 2017 A no-confidence motion has been passed against the petitioner in the meeting dated 5-5-2015. The dispute is regarding service of notice upon the petitioner. The petitioner was not found at the residence on 1-5-2015, and hence the notice was affixed on the door. The panchanama was done, evidencing the service upon the petitioner. The reliance is placed upon Rule 2(2-B) of the Bombay Village Panchayat Sarpanch and Upa Sarpanch (No Confidence Motion) Rules, 1975 to urge that there is non-compliance of it. This Rule is held to be directory by this Court in its judgment in the case of Hanuman s/o Rangnath Giram and others v. Divisional Commissioner, Aurangabad and others, reported in 2013(3) Mh.L.J. 712, and this judgment is relied upon by the authorities. Though Police Patil was a Panch Witness in the affixing of notice on the door, he has given a

2703wp3741.15.odt certificate that this had not happened, but he does not deny the signature on the said panchanama. Prima facie, no case is made out.

The writ petition is dismissed.

Judge.

Lanjewar