1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Writ Petition No. 5256/2009 (Ratiram D. Kodape VERSUS State of Mah. & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.P. Dhok, counsel for the petitioner. Shri A.S. Fulzele, A.G.P. For the respondent nos.1, 2, 4 & 5-State. CORAM : B.P. DHARMADHIKARI, J. DATE : DEC EMBER 4, 2009 . Heard Advocate Shri Dhok for the petitioner. His argument is, as the respondent no.3-Gram Panchayat is in scheduled area, the provisions of Section 35 of Bombay Village Panchayat Act are not applicable and only Gram Sabha has got power to pass resolution of no confidence against him. He states that this ground is not considered by respondent no.2 or by respondent no.4. Learned Assistant Government Pleader appearing for respondent nos.1, 2, 4 and 5 supports the impugned order. He states that no such ground was expressly raised before lower authorities. I perused relevant provisions with the assistance of learned counsel. 2 Section 54-A of to Section 54-D are added to provisions of Bombay Village Panchayat Act and by Section 54-D the Gram Sabha is also enabled to remove Sarpanch or Up-Sarpanch by passing motion of no confidence. Thus, an additional remedy has been conferred upon Gram Sabha only in scheduled areas. That does not mean that the remedy of passing no confidence resolution against Sarpanch or Up- Sarpanch given to elected members of Gram Panchayat by Section 35 is taken away. In Village Panchayats not located in scheduled areas, Gram Sabha does not get such power and the elected ward members can only exercise that authority. No case is made out warranting any interference in concurrent findings. Writ petition is dismissed and disposed of. No costs. JUDGE APTE