Ravindra S/O. Sudam Dhage v. The Additional Collector, Yavatmal And Others

2024:BHC-NAG:7963 1 8.WP.4357-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4357 OF 2024 ( Shri Ravindra S/o Sudam Dhage Vs.

The Additional Collector Yavatmal & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.S. Kare, Advocate for the Petitioner.

Mr. H.D. Marathe, AGP for the Respondent Nos. 1 & 2/State. Mr. N.R. Raut, Advocate h/f Mr. A.A. Zade, Advocate for the Respondent No.7. CORAM: N.R. BORKAR, J.

DATED : 25th JULY, 2024 Heard.

2.

This Petition takes exception to the order dated 27.06.2024 passed by the Additional Collector in Appeal/Dispute No.20/35(3)B/2023.

3.

The Petitioner was elected as Sarpanch of Gram Panchayat, Borgadi, which consists of 12 members. On 25.10.2023, out of 12 members 10 members gave requisition notice to Respondent No.2/Tahsildar that they proposed to move no-confidence motion against the Petitioner and pursuant to said requisition notice, special meeting was convened on 01.11.2023. In the said meeting 11 members were present and 10 voted in favour of no confidence motion.

2 8.WP.4357-2024.odt 4.

The grievance of the present Petitioner is that he was not allowed to speak in the meeting in question. It is further submitted that, in terms of Rule 2(3) of Bombay Village Panchayats Sarpanch and Upa-Sarpanch (No Confidence Motion) Rules 1975 the meeting was required to be convened within a period of seven days from the date of receipt of notice by Respondent No.2, however, it was convened beyond seven days.

5.

I have perused the minutes of meeting. It appears that opportunity was granted to the members to speak. Apart from it, out of 11 members 10 members voted in favour of the no confidence motion. I am therefore not inclined to interfere in the impugned order.

6.

The Petition is dismissed. No costs.

7.

Pending application/s, if any, shall stand disposed of accordingly.

(N.R. BORKAR, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 25/07/2024 19:11:16