SSK/908 1 WP/6675.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6675 OF 2011 Sampat Santu Kale ....Petitioner Versus The Tahsildar, Igatpuri & Ors. ...Respondents Mr. Tushar Sonawane, Advocate for the petitioner. Mr. Kakade, AGP for the State. CORAM : RANJIT MORE, J. DATED : 17th August, 2011. P.C.: Heard Mr. Sonawane, learned counsel and Mr. Kakade, learned AGP appearing for the respective parties. 2. The Agricultural Produce Market Committee, Ghoti Budruk, consists of 15 members. The petitioner was elected as a Chairman of the Agricultural Produce Market Committee, Ghoti Budruk on 5th February, 2010. By requisition dated 19th July, 2011 addressed to the Collector, 12 members of the Agricultural Produce Market Committee, Ghoti Budruk demanded special meeting to discuss No Confidence Motion against the petitioner. The Collector by his letter/notice dated 21st July, 2011 convened a special meeting of Agricultural Producce Market Committee, Ghoti Budruk on 1st August, 2011 at 12.00 noon. The Tahsildar, Igatpuri was directed to preside over the said meeting. In this special meeting, No Confidence Motion against the petitioner was dismissed. There is no SSK/908 2 WP/6675.11 dispute that the No Confidence Motion was carried by two-third majority against the petitioner. 3. Learned counsel for the petitioner contends that on 1st August, 2011 at the time of the voting, the petitioner by filing an application before the Tahsildar demanded voting by secret ballot. This demand was not accepted by the Tahsildar and voting was taken by show of hands. The counsel submits that for the above reasons, No Confidence Motion is illegal, and therefore, same deserves to be set-aside with direction to the Tahsildar and Collector to hold fresh meeting to discuss No Confidence Motion against the petitioner. Learned counsel relied upon a Division Bench Judgment in the case of Maruti Bandu Patil Vs. Village Panchayat Sidhnorili reported in 1981 BCR-0- 405. 4. I do not find merit in the submission of the learned counsel for the petitioner. Section 23A of the Maharashtra Agricultural Produce Marketing (Development & Regulation) Act deals with motion of no confidence against Chairman and Vice-Chairman. Under the said Section, the Chairman can be removed by passing a resolution of Market Committee by a majority of not less than two-third of the total number of members. The said Section does not give any procedure. The Agricultural Produce Market Committee Rules, 1967 are also silent regarding the procedure which is required to be adopted for passing No Confidence Motion. In these circumstances, learned Tahsildar rejected petitioner’s application and directed voting by show of hands. I do not find any fault in SSK/908 3 WP/6675.11 the action of Tahsildar directing voting by show of hands. So far as the Division Bench judgment relied upon by learned counsel for the petitioner is concerned, in my view, the same is not applicable to the facts and circumstances of the present case. In the said judgment, the Division Bench was considering the provisions of the Bombay Village Panchayat Act, 1958 and the Bombay Village Panchayat (Sarpanch and Up-Sarpanch) Election Rules, 1962. Rule 10 of the said Rules prescribed procedure for the election of Sarpanch and Up-Sarpanch. Under the said Rule, voting at the election of Sarpanch and Up-Sarpanch shall be by show of hands, unless any of the members demand voting by secret ballot. There is no similar provision in the Agricultural Produce Market Committee Rules 1967. The No Confidence Motion against the petitioner is carried by two- third majority. In democracy, the will of the majority will have to be respected. The petitioner having lost confidence of 12 members of the Market Committee is not entitled to remain on the post of the Chairman. In the above facts and circumstances, I am not inclined to interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. The Petition is, therefore, dismissed. (RANJIT MORE, J.)