1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5650 OF 2009 Sadashiv Wasudeo Dandale -vs- Additional Commissioner, Amravati and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : MARCH 9, 2010. 1) Heard Advocate Shri A. S. Dhore for petitioner, Advocate Shri Sonbhadre for respondent No.12, Advocate Shri Amale for respondent Nos.4 to 11 and Mrs.Khade, learned Additional Govt. Pleader for respondents No.1 to 3. 2) Motion of no confidence has been passed against petitioner Sarpanch by majority of eight against nil. There are total nine members including petitioner and petitioner remained absent in that matter. 3) Contention of Advocate Shri Dhore’s is as five members were defaulters, he had initiated proceedings for their disqualification and because of those proceedings, the respondents resorted to no confidence. He further states that there was no discussion in meeting on any of the subjects on which no confidence was brought and mechanically the resolution has been passed. He further states that later only two members have been disqualified by Collector and action against remaining is going on. 2 4) Respective Advocates for respondents point out that though petitioner was served with notice of meeting, he did not remain present and did not raise any objection. Total eight members have voted against him and thus no member of gram panchayat is in favour of petitioner. It is argued by them that even if the members, who are disqualified, are ignored still the motion is passed by majority of six out of nine members. 5) The motive for bringing no confidence is totally irrelevant in present facts. On the date of meeting i.e. dated 02/02/2009 all eight members were having right to vote and they are exercised their right. As the petitioner was not present and motion was by all, no discussion was held. Not holding of that discussion, in such circumstances cannot be ruled as fatal. Shri Dhore has argued that gram panchayat never produced the records of no confidence motion. However, I find that no effort was made by petitioner before lower authorities to procure such records. 6) As the no confidence has been upheld concurrently and is by majority, no case is made out warranting any interference in the present writ petition. Writ petition is therefore dismissed. No cost. JUDGE Khunte