FARAD CONTINUATION SHEET NO: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE WRIT PETITION NO.8270 OF 2007 -----------------------------------:------------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : -----------------------------------:------------------------------------- Mr.D.N.Salvi for the petitioner. Mr.M.S.Lagu for respondent no.2. Ms.S.S.Bhende AGP for the State. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. CORAM: D.B.BHOSALE, J. DATED: 28TH FEBRUARY, 2008 DATED: 28TH FEBRUARY, 2008 DATED: 28TH FEBRUARY, 2008 P.C.: . Heard learned counsel for the parties. 2. This petition challenges the orders passed by the authorities below in the proceedings arising from the application filed by the petitioner-Sarpanch challenging "No Confidence Motion" passed against him by 2/3rd majority by the Panchayat. The only ground of challenge urged by Mr.Salvi, learned counsel for the petitioner is that the notice of the meeting was not in the prescribed format and that the date was not mentioned therein and, therefore, the meeting convened on the basis of such notice is illegal. This court has consistently taken a view that a format of notice prescribed by Rule 2(2) of the Bombay Village Panchayats, Sarpanch and Upsarpanch (No Confidence Motion) Rules, 1975 is directory and not mandatory and such omission would not by itself invalidate the notice. There is no dispute that the Tahsildar on receipt of the notice had made an endorsement putting the date of its receipt which, in my opinion, could be treated as the date of notice and if the meeting was convened within 7 days therefrom, under section 35 of the Bombay Village Panchayats Act, such meeting cannot be stated to be illegal. That apart, the order impugned is dated 3rd October, 2007 and this court is informed that election of the Sarpanch has already been declared and is scheduled to be held in this week. In the circumstances I find no merit in the writ petition. The writ petition is dismissed. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)