- 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 3430 OF 2010 Govind N. Hipparkar .. Petitioner Vs. Tahsildar & Ors. ..Respondents Mr. S. S. Patwardhan, for the Petitioner. Mr. P. S. Cardozo, AGP for the Respondent Nos. 1, 8 & 9. CORAM : R. C. CHAVAN, J. DATED : MAY 6, 2010. P.C. : . Heard the learned counsel for the petitioner. The question as to whether a Sarpanch who has lost majority can cling to his post only because of technical defects in conduct of meeting for considering no confidence motion, has been decided by judgment in the case of Vijay Ramchandra Katkar Vs. Group Gram Panchayat Pali & Ors., in Writ Petition No. 10457 of 2009 today. It has been held that in such a case, the meeting, at which faulty procedure was followed, would be re- convened to consider the same resolution again. Since in the present - 2 - case by a judgment dated 18th January 2010 passed in Writ Petition No. 9819 of 2009 parties were directed to convene another meeting for passing no confidence motion, in accordance with law, it was implicit that the meeting at which a defective procedure was followed would itself reconvene on a future date. Therefore, there is no breach of the one year ban imposed by section 35(3-A) of the Bombay Village Panchayat Act. In view of this, the resolution passed in a meeting held pursuant to the judgment of this Court dated 18th January 2010 cannot be faulted. The orders passed by the Collector as well as the Commissioner, therefore, call for no interference. Writ petition is therefore, dismissed. Sd/- [R. C. CHAVAN, J.]