1 WP 8265.2011 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 8265 OF 2011 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Amit A.Mukhedkar, Advocate for the Petitioner. Mr. S.B.Pulkundwar, Asstt. Govt. Pleader for State. Mr. S.K.Chavan, Advocate for Resp. Nos. 2 to 15. ...................................... CORAM : S.V. GANGAPURWALA, J. DATE : 08/11/2011 PER COURT : 1. The petitioner was a Sarpanch of Gram Panchayat Rani Sawargaon. The motion of no confidence was moved against the petitioner. The said motion of no confidence was passed by 14 members. The said Gram Panchayat consists of 15 members. The petitioner challenged the same before the Collector. During the pendency of the said proceedings, the petitioner moved an application to call and examine the panchas. The said application is rejected. Aggrieved thereby, the present Writ Petition is filed. 2 WP 8265.2011 2. Mr. Mukhedkar, the learned counsel for the petitioner submits that the Collector while deciding the said proceedings, had ample power to summon the persons to give evidence and to produce documents by virtue of Section 227 read with 134 of the Maharashtra Land Revenue Code, so also Section 153 of the Bombay Village Panchayat Act. According to the learned counsel, the Collector has failed to exercise the jurisdiction vested in it and has erroneously rejected the same. The learned counsel contends that the petitioner has come with the specific case that no notice was affixed at any conspicuous part of the house of the petitioner nor at any point of time was tried to be served on the petitioner or the member of his family. In light of the disputed question of facts, the Collector should have allowed the said application. 3. Mr. S.K.Chavan, the learned counsel for the respondents submits that the summons have been affixed in the course of the official duty by the authorities. The panchanama is also drawn and signed. There is no denial on the part of any person who has signed the panchanama about they having not signed the same. In view of that, the Collector has rightly rejected the said application. Even the petitioner admits that he was out of station during that period and law provides for serving the notice by affixing the same in such case. 3 WP 8265.2011 4. The learned Assistant Govt. Pleader also submits that the Collector has properly passed the order. As directed by this Court, the record has been produced by the learned Assistant Govt. Pleader to show that the panchanama has been drawn of the notice that has been affixed. 5. No doubt, the proceedings before the Collector in such a case is summary in nature. The examination of witnesses/persons in such case would not be as a matter of course but would be in exceptional circumstances. In the present case, the dispute has been raised by the petitioner that no summons were affixed at his house and the panchanama is also drawn. The petitioner could have filed the affidavit of those persons. No affidavit has been filed by the petitioner. There was no material before the Collector to come to the conclusion about the said aspect. In such circumstances, the Collector had rightly rejected the application and the said order need not be interfered. 6. The petitioner is at liberty to file affidavit of the persons in the course of the proceedings before the Collector and if such affidavits are filed, the Collector dealing with the matter, shall take recourse to the provisions of law. If the Collector comes to the conclusion about the genuineness of the affidavits then shall give opportunity to the present 4 WP 8265.2011 respondents also to contest the said affidavits including by cross examining the said witnesses as is enumerated U/s 227 read with Section 237 of the Maharashtra Land Revenue Code and Section 153 of the Bombay Village Panchayat Act. 7. In light of the above, the Writ Petition is disposed of. No costs. [ S.V. GANGAPURWALA,J. ] KNP/WP 8265.2011