1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5304/2011 (MANGESH SHAMRAO BHUJBAL VERSUS SUVARNA SURESH MADAVI & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri K.V. Bhoskar, counsel for the petitioner. Shri D.B. Patel, A.G.P. for the R-3. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 20 , 2011 . Heard. There is nothing wrong with the impugned order passed by the Additional Collector, Amravati on 05.10.2011 rejecting an application filed by the petitioner for disqualification of the Up-Sarpanch under the provisions of Section 36 of the Bombay Village Panchayat Act, 1958. The charge levelled against the respondent no.1-Up Sarpanch was that she had failed to convene the meeting of the Panchayat and, hence, was liable to be disqualified. It is not in dispute that when the meeting of the Panchayat was liable to be convened, the Sarpanch was present in the village and in this background, the Up-Sarpanch could not have convened the meeting when the Sarpanch was not absent. The provisions of Section 36 of the Act of 1958 cast a duty on the Up-Sarpanch to convene the meeting only in the absence of the Sarpanch. However, since the Sarpanch was present in the village at the relevant 2 time, the Additional Collector rightly held that the Up- Sarpanch could not have been disqualified as the Sarpanch was disqualified for not convening the meeting. There is no illegality in the impugned order dated 05.10.2011 and the same calls for no interference in exercise of the writ jurisdiction. In the result, the writ petition fails and is dismissed with no order as to costs. JUDGE APTE