=1= IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION LETTERS LETTERS LETTERS PATENT PATENT PATENT APPEAL NO.131 OF 2009 APPEAL NO.131 OF 2009 APPEAL NO.131 OF 2009 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.2160 OF 2009 NO.2160 OF 2009 NO.2160 OF 2009 Jayabai Mahadeo Nimangre ...Appellant v/s State of Maharashtra and others ...Respondents Ms Priyal G. Sarda for Appellant. Mr A.A. Karande for Respondent Nos.4 to 8. CORAM CORAM CORAM : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. : D.K. DESHMUKH AND R.S. MOHITE JJ. DATE DATE DATE : 7TH MAY 2009 7TH MAY 2009 7TH MAY 2009 =2= P.C. :- 1. Heard learned counsel appearing for the appellant. Perused the record. The total number of members of Village Panchayat is 7. A motion of no confidence was passed against the appellant by 5 members. According to the appellant, because one member was disqualified to sit and vote at the meting, the motion is not validly passed. The learned Single Judge has held that according to section 35(3) of the Bombay Village Panchayat Act 1958, a motion of no confidence is to be passed by 2/3rd majority of members of the Village Panchayat who are entitled to sit and vote. If the case of the appellant is accepted, the total number of members who are entitled to sit and vote will be 6 members. Out of 6 members, 4 members have admittedly voted in favour of the motion. In our opinion, no exception can be taken to the order passed by the learned Single Judge. Appeal is rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. =3= . Certified copy is expedited. ( D.K. DESHMUKH J.) ( R.S. MOHITE J.)