bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 3387 OF 2008 PETITION NO. 3387 OF 2008 PETITION NO. 3387 OF 2008 Vitthal Kerrappa Kolekar ... Petitioner v/s The Commissioner, Pune Division & ors. ... Respondents Mr.Ashok B. Tajane for the petitioner. Mr.R.M.Patne, A.G.P. for respondent Nos.1 to 3. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 20TH APRIL, 2009 20TH APRIL, 2009 20TH APRIL, 2009 P.C. P.C. P.C.: 1. The petitioner has challenged the order passed by the Divisional Commissioner, Pune who has dismissed the appeal filed by the petitioner against the order passed by the Additional Collector, Solapur. The order of the Additional Collector, Solapur, dated 12.7.2007 declares that the petitioner is unseated on account of the no confidence motion passed against him. 2. It is submitted on behalf of the petitioner that the procedure adopted at the meeting held for voting on the no confidence motion was incorrect; although the 2 petitioner had sought a vote by secret ballot, it was taken by a show of hands. This, according to the petitioner, has led to him being unseated because two persons had forced the members to vote against the petitioner. There is no material on record to indicate this. The petitioner has been unseated after the motion was passed after following the procedure required. An application under Section 35(C) of the Bombay Village Panchayat Act has been rejected and thereafter his appeal has also met with the same fate. 3. In my opinion, there is no need to disturb these concurrent orders as they are neither perverse nor is there any error apparent on the face of the record. 4. Writ petition rejected.