1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 849 OF 2010 (Vinod s/o Gulab Chavan & Ors. vs. The Additional Commissioner, Amravati & Ors. ) 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, J. APRIL 19, 2010. This Court has issued notice for final disposal on 24th February 2010. Accordingly I have heard Shri Narwade, learned counsel for the petitioners, Shri Adgokar, learned AGP for respondents No. 1 to 3 and Shri Rai, learned counsel for respondent No. 5. Respondent No. 4 – Gram Panchayat has chosen not to appear. Shri Narwade, learned counsel points out that the motion of no confidence otherwise validly passed was found to be vitiated because of service effected on the wife of the Sarpanch. He states that the provisions of Bombay Village Panchayats Sarpanch & Upa-Sarpanch (No Confidence Motion) (Amendment) Rules, 2009, as amended on 28.08.2009 have not been looked into. Shri Rai, learned counsel states that the provisions of law pointed out to lower authorities have been appreciated by both the authorities and hence there is no jurisdictional error. The learned AGP supports the arguments of 2 Shri Rai, learned counsel. The meeting in question has been held on 09.09.2009 i.e. after the amended Rules came into force. The amended rules dispense with the requirement of serving a notice on the adult male member in the absence of Sarpanch in the house. The word “male member” has been deleted and service upon “adult member” is now valid as per the amended provision. Here, the consideration of issue by the Additional Collector in the impugned order dated 09.11.2009 and by Additional Commissioner on 31.12.2009 show that notice has been admittedly served upon the wife of Respondent No. 5 – Sarpanch. In view of the said service upon member of the family and as that is the only reason given for holding the resolution to be vitiated, the impugned orders are quashed and set aside. The resolution of No Confidence passed on 09.09.2009 against Respondent No. 5 is hereby restored. Writ Petition is allowed. Rule accordingly. No order as to costs. JUDGE *GS.