wp2316.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.2316/2011 Sau. Vanmalatai Amrutrao Gadling -vs- The State of Maharashtra and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders. or directions and Registrar's orders. ------------------------------------------------------------------------------------------------------------------------------------ Shri V. A. Kothale, learned counsel for the petitioner. CORAM : R. M. SAVANT, J. DATED : 13/06/2011. The petitioner had filed an application invoking section 267 (A) of the Maharashtra Zilla Parishad and Panchayat Samitis’ Act, 1961 in respect of the no confidence motion passed against her as the chairman of the Panchayat Samiti Nandgaon Khandeshwar. The said application came to be rejected by the Commissioner, Amravati Division, Amravati on the ground that the prerequisites of Section 267 (A) were not attracted namely that no public interest was involved. The said decision of the Commissioner, Amravati Division, Amravati was challenged by the petitioner by way of Writ Petition No.2108/2011. This Court by order dated 2nd of May, 2010 rejected the said petition and confirmed the order passed by the Commissioner, Amravati Division, Amravati. The present petition has been filed on the ground that there is no remedy provided under the said Act for challenging a motion of no confidence passed against the Chairman of the Panchayat Samiti. It is required to be noted wp2316.11.odt 2/2 that the motion of no confidence was carried by majority of 6:2 against the petitioner. The modality adopted for ascertaining the mandate was by show of hands. In my view, the democratic mandate is required to be honoured the motion, having been carried by majority of 6:2, requires no interference in the writ jurisdiction of this Court. No illegality or infirmity is seen in the action taken. The writ petition is accordingly dismissed. JUDGE KHUNTE