1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.730 OF 2005 Shri.Chandrakant Gopal Hatmode. ...Petitioner vs. 1.The State of Maharashtra & Anr. ...Respondents. --- Mr.K.S.Dewal, for Petitioner. Mr.Ms.M.P.Thakur, AGP for Respondent nos.1 & 2. CORAM: D.K.DESHMUKH & N.D.DESHPANDE, JJ. DATED: 4th June, 2008. P.C.:- 1. By this petition, the petitioner who is elected councilor of Zilla Parishad, Raigad, challenges the validity of a Rule framed under the Maharashtra Zilla Parishads and Panchayat Samitis Act, whereby now it is provided that the voting in 2 the meeting of the Zilla Parishad called for the purpose of electing the President and Vice President of the Zilla Parishad shall be by show of hands and not by secret ballot as previously provided by Rule. In short by the amended Rule, the procedure of voting by secret ballot for electing Chairman, President, Vice-President in the Council is taken away and now system of voting by show of hands is introduced. The learned Counsel appearing for petitioner submits that the provision is invalid because it takes away the right of the petitioner to vote by secret ballot. That right was given to the petitioner to vote by secret ballot for the purpose of electing Chairman, vice-chairman of Zilla Parishad by the Rules framed under the Zilla Parishad Act and by the same Rules the right has been taken away. 2. We do not find any infirmity and lack of legislative competence in the Government in amending the Rules and introducing new system. The Government for the reasons which are well known and obvious has decided to do away with the voting by secret ballot for the purpose of election of Chairman and Vice Chairman. We do not find that it violates either any provisions of the Zilla Parishad Act or Constitution 3 of India. There is no substance in the petition. Hence, the petition fails and is dismissed. No order as to costs. (D.K.DESHMUKH, J.) (N.D.DESHPANDE,J.) ---