1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5632 OF 2009 Shri Jagannath Gopala Raut .. Petitioner Vs 1. Tahsildar Karad and ors. .. Respondents Mr. Mandar Limaye , Advocate for the petitioner. Ms S.S.Bhende,AGP for the respondent-State. Mr Tejas Dande i/b Rohan Nahar for respondent no.2 Mr Dilip Bodake, for respondent nos 8,9 and 10. CORAM : D.B.BHOSALE, J. DATE : 31/08/2009 PC: 1. Heard learned counsel for the parties. 2. This writ petition is directed against the concurrent findings of fact recorded passed by the authorities below, rejecting the petitioner’s application challenging “No Confidence Motion” dated 9.2.2009 passed against him unanimously by the Gram Panchayat. The challenge is solely on the ground that the notice for convening a meeting for considering “no confidence motion” was defective since it was issued against both, Sarpanch and Upa-Sarpanch. The learned counsel for the petitioner submitted that it is mandatory to issue T 2 two separate notices against Sarpanch and Upa-Sarpanch for expressing no confidence motion, as contemplated by section 35 of the Village Panchayat Act, 1958. I have perused the proceedings and the impugned orders. It is true that a single notice was issued against the Sarpanch and the Upa-Sarpanch. However, the Panchayat, in the meeting chose to proceed only against the Sarpanch and they did not discuss the resolution against the Upa-Sarpanch. In other words, they chose to drop the proposed resolution against Upa-Sarpanch. In view thereof, in my opinion, the meeting and the resolution passed therein cannot be faulted. The judgment relied upon by Mr. Limaye, learned counsel for the petitioner in Chandrakala w/o Vaijanathrao Ghatul Vs. Kathalu Maroti Hatagale, 2009 (1) ALL MR 758, will not apply to the facts of the present case. In that case, the resolution was passed against both, i.e. Sarpanch and Upa-Sarpanch expressing no confidence on the basis of one notice and hence this Court held that the motion was invalid and nullity. In the circumstance, the writ petition fails and dismissed as such. (D. B. Bhosale, J.) 3