(1) WP.5771.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 5771 OF 2010 Gokul S/o Debising Chavan .. Petitioner VERSUS The Divisional Commissioner, Aurangabad and others .. Respondents Mr. G.G. Suryawanshi, Advocate for the Petitioner Mr. S.V. Kurundkar, Addl. G.P. for the respondent-State ... CORAM : V.R. KINGAONKAR, J. DATED : 9TH JULY, 2010 ORAL ORDER:- 1. Heard learned counsel. A meeting of no confidence motion was held wherein five members out of seven members of the Village Panchayat voted in favour of such meeting. The motion was passed. The petitioner challenged the order of no confidence motion and his disqualification. The learned Additional Collector, dismissed his appeal by order dated 26.3.2010. He therefore preferred revision application which also came to be dismissed by the impugned order dated 6.5.2010, rendered by learned Divisional Commissioner, Aurangabad. (2) WP.5771.2010 2. Counsel would submit that the meeting was not held in accordance with the rules. He would point out that the meeting was not conducted in the premises of Village Panchayat and also the practice was to held such meeting in the premises of Village Anganwadi but it was suddenly changed and the meeting was held in the premises of Zilla Parishad school. He would submit when the Upa Sarpanch managed such kind of meeting and it was not held in free atmosphere. It is contended that the petitioner's objection regarding change of venue was not duly considered by the competent authority and the Tahsildar did not decide the same. 3. The record shows that all the seven members, including the petitioner, were present in the scheduled meeting to discuss the no-confidence motion. Out of them, five members voted in favour of such motion. The very fact that the petitioner raised objection regarding the venue of the no- confidence motion, in that meeting, is indicative of his participation in the meeting. It has come on (3) WP.5771.2010 record that the Village Panchayat has no separate office of it's own. In the circumstances, holding of such meeting in the Zilla Parishad school cannot be regarded as breach of procedural law. The petitioner is deprived of the Office as Sarpanch by democratic process. No interference is called for. Petition dismissed. Sd/- [V.R. KINGAONKAR, J.] arp