Ravindra Narayan Dalimkar v. Additional Collector, Buldhana And Others
2025:BHC-NAG:8320 wp4809.25.odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO.4809 OF 2025 Ravindra Dalimkar ... Petitioner
Versus
Addl.Collector, Buldana and other ... Respondents ....
Mr. N.A.Gawande, Advocate for the petitioner. ...
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 22 nd AUGUST, 2025.
FINAL ORDER :
1.
Heard Mr. N.A.Gawande, learned counsel for the petitioner.
2.
By this petition, the petitioner has challenged the orders passed by the respondents-Authorities by which no confidence motion passed against the petitioner is confirmed. The counsel for the petitioner vehemently submitted that although no confidence motion was passed against the petitioner, there is illegality in procedure of ratification of no confidence motion by the Gram Sabha since the counting of votes in the meeting of Gram Sabha was not conducted by raising hands by the villagers who were present. It is submitted that in the Gram Sabha, the
wp4809.25.odt 2/3 Tahsildar directed the villagers to stand to the left and right side to show their support or opposition to the no confidence motion. He submitted that although the villagers participated in the said Gram Sabha and 366 villagers voted in favour of no confidence motion as against 105 voted against no confidence motion, there was confusion in the minds of villagers about standing right or left side of the Tahsildar and, therefore, conduct of meeting of Gram Sabha is illegal. He submitted that this procedure is not contemplated by any provision of law and there was utter confusion in the minds of the villagers about standing to the left or right side. In order to demonstrate that there was confusion, he relied upon the affidavits dated 06.06.2025 submitted by the villagers stating therein that there was confusion in their minds. 3.
It is pertinent to note that no confidence motion was passed against the petitioner by 12 against 01, by a validly convened meeting. The grievance as regards the meeting of Gram Sabha for ratification of the no confidence motion is mainly based on the affidavits of some of the villagers in which they mentioned that there was confusion in their minds. However, it is pertinent to note that the meeting of Gram Sabha was held on 17/04/2025 and the affidavits are submitted by the Villagers are dated 06.06.2025. As such, it is clear that the only material on the basis
wp4809.25.odt 3/3 of which the contentions regarding confusion in the minds are the affidavits of the villagers, which are submitted about two months from the meeting of Gram Sabha. Thus, it appears that there is no other material to conclude that the villagers had any confusion and there is any illegality on that count. Perusal of the impugned order dated 29.07.2025 passed by the Additional Collector does not show any perversity and, therefore, no interference is called for with the impugned order under Article 227 of the Constitution of India.
4.
Writ Petition is, therefore, dismissed. There shall be no order as to costs.
(PRAFULLA S.KHUBALKAR, J.) Mukund Ambulkar, SPS Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 22/08/2025 20:29:45