SSK/ 1 WP.2892.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2892 OF 2011 Smt. Malan Mahadev Gurav ....Petitioner Versuss State of Maharashtra & Ors. ...Respondents Mr. Sachin Raje, Advocate for the petitioner. Mr. A. I. Patel, learned AGP for respondent nos. 1 to 3. CORAM : RANJIT MORE, J. DATED : 7TH APRIL, 2011. P.C.: Heard Mr.Raje, learned counsel for the petitioner and Mr.Patel, learned AGP for respondent nos. 1 to 3. 2. The petition pertains to the proceedings of No Confidence Motion against the petitioner. The Talgaon Village Panchayat consists of nine members. The petitioner and respondent nos. 4 to 11 are elected as members of the said Panchayat in the General Election and the petitioner was, thereafter, elected as a Sarpanch. Requisition for No Confidence Motion was moved by the seven members on 18th October, 2010. In pursuance of this requisition, a Special Meeting was conveyed by the SSK/ 2 WP.2892.11 Tahasildar on 25th October, 2010. All the nine members including the petitioner attended this Special Meeting and No Confidence Motion was carried by two-third majority (i.e. 2 X 7). The petitioner disputed the validity of the Special Meeting by filing an application to the Collector under the provisions of Section 35(3-B) of the Bombay Village Panchayat Act, 1958. The said application, however, was dismissed and thereafter, the petitioner filed an appeal before the Commissioner under Section 35 (3-C). The said appeal is also dismissed, and therefore, the petitioner is before this Court. 3. The only point which Mr.Raje, learned counsel, argues is that out of the nine members of the Grampanchayat, three members could not have taken part in the Special Meeting as there is no toilet in their house. 4. By the Maharashtra Act No. XXXIII of 2010, Clause (j-5) was inserted in Section 14 of the Bombay Village Panchayats Act, 1958. Under the said clause, the member shall stand disqualified if he fails to submit his certificate of the concerned Panchayat certifying that : (i) he resides in a house owned by him and has a toilet in such house and he regularly uses such toilet; or ii) he resides in a house not owned by him and has a toilet in such house and he regularly uses it or he SSK/ 3 WP.2892.11 has no such toilet but regularly uses the public toilet. The said amendment came into force w.e.f. 23rd December, 2010. The present proceeding for No Confidence Motion was initiated by requisition on 18th October, 2010 i.e. prior to the amendment. That apart, it is the allegation of the petitioner that the three members are disqualified under new Clause (j-5) of Section 14 of the Bombay Village Panchayats Act, 1958. However, as of today, no orders disqualifying those members under the provision of Sections 14 and 16 of the said Act are passed by the Competent Authority. Therefore, there is no merit in the petitioner’s contention in this regard. No ground is made out for interference with the impugned order. The petition is, therefore, dismissed. (RANJIT MORE, J.)