16.12.wp6172.11.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 6172 OF 2011 (Smt. Mangula K. Bopte and another .vrs. The Collector, Akola and others) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & P.D. KODE, JJ. DATE : DECEMBER 16, 2011. Heard Shri K.S. Malokar, learned counsel for the petitioners and Shri A.D. Sonak, learned AGP for respondent nos.1 and 2. Advocate Shri Malokar relies upon commentary on the provisions of Section 43 of the Bombay Village Panchayat Act, 1958 published in Marathi by Chaudhari Law Publishers, Jalgaon – Pune, 30th Edition, 2011, to urge that till vacancy of board member is not filled in, election of Sarpanch cannot be held. Learned AGP points out that there is nothing in Section 43 on this line. We have perused the provisions of Section 43 and we find that the learned AGP is correct. 16.12.wp6172.11.odt 2/2 The petitioners are not in a position to show any legal provision which mandates the course of action suggested by them. Hence, the petition is rejected. JUDGE JUDGE Gulande