1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 3053 OF 2010 Sau. Nirmala w/o Ashok Dhakne .. PETITIONER VERSUS The Additional Collector, Ahmednagar & others .. RRESPONDENTS Mr. K.N. Lokhande, Advocate for the petitioner. ===== CORAM : R. M. BORDE, J. DATE : 12th APRIL, 2010 PER COURT : 1 The motion of ‘no confidence’ has been passed against the petitioner by 2/3 rd majority. Challenge raised to the resolution adopted by the Village Panchayat has been turned down by the Additional Collector, Ahmedngar while considering the appeal presented by the petitioner and the judgment and order passed by the Additional Collector has been confirmed by the Additional Commissioner, Nasik Division, Nasik in view of judgment and order dt. 19-1-2010. 2 2 Learned counsel for the petitioner contends that the Village Panchayat has strength of seven members and out of them, one post remained vacant. It is contended that without filling up the vacancy of one member, it was not open for the remaining members to move the motion and, the authority ought not to have taken up the motion for consideration. Objection tendered by the petitioner has been turned down by both the authorities below. There is no impediment in law in considering the motion inspite of any seat of the member of the Village Panchayat remaining vacant and, for such a reason, the motion of ‘no confidence’ which is passed with majority cannot be set aside. There is no reason to cause interference in exercise of extra ordinary jurisdiction under Article 227 of the Constitution of India. Petition is devoid of substance hence stands rejected. 3 In view of dismissal of the petition, pending civil application, if any, does not survive and stands disposed of. ( R. M. BORDE) JUDGE dyb/wp3053.10.odt