1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3374 OF 2009 Vishnu s/o. Nivrutti Ghogre .. Petitioner Versus District Collector, Hingoli and others. .. Respondents --- Mr. Sachin Deshmukh Advocate for the petitioner. CORAM : B.R. GAVAI, J. DATE : 9TH JUNE, 2009. ORAL ORDER :- 1. By way of present petition, the petitioner challenges the order passed by the learned Additional Collector dated 12/1/2009, thereby rejecting the dispute filed by the present petitioner; and the order passed by the Divisional Commissioner, Aurangabad dated 14/3/2009, thereby dismissing the appeal filed by the present petitioner. 2 2. Shri Deshmukh, learned counsel for the petitioner submits that the no confidence motion was illegal inasmuch as though the petitioner had sought voting by secret ballot, the same was denied. He further submits that the dispute was heard by the Collector, who was not competent and as such, the no confidence motion is not tenable in law. 3. Shri Yadav, learned counsel for the respondent No.4 vehemently opposed the petition. 4. In so far as the first contention is concerned, on facts, both the authorities have found that out of the 7 members present in the meeting, six had demanded that the voting should be by show of hands and the prayer for secret ballot was rejected. It could also be seen that in a Gram Panchayat consisting of 9 members, 7 members were present and out of them 6 have voted in favour of the on confidence motion. In that view of the matter, the challenge raised in this respect is without substance. 5. In so far as the second contention is concerned, in view of the judgment of the Apex Court in the case of "Central Talkies Kanpur Vs. Dwarkaprasad” reported in AIR 1961 SC 606, it can not be said that the Collector is a persona designata and the powers of the collector cannot be 3 exercised by the Additional Collector. In that view of the matter there is no merit in the said contention as well. 6. In the result, no interference is warranted. The writ petition stands dismissed. [B.R. GAVAI, J.] grt/