1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6483 OF 2008 DIST.: KOLHAPUR Kallappa Maruti Gundali ...Petitioner Versus Satish Baburao Pawar & Ors. ...Respondents. Mr. Vishal V. Kanade with Mr. M.M. Vaidya for the Petitioner Mr. S.S. Patwardhan for Respondents No. 1 to 5. CORAM: B ILAL NAZKI and J.H. BHATIA, JJ. DATE: OCTOBER 16, 2008 P.C.:- The petitioner was a sarpanch. A No Confidence Motion was moved against him successfully. Therefore, he approached the Additional Collector of Kolhapur, challenging the process of the No Confidence Motion. The Additional Collector dismissed the application, and appeal was filed before the Divisional Commissioner, Pune, who has also dismissed the appeal. Therefore, this Writ Petition. 2. The only question raised by the learned counsel for the 2 petitioner before this Court is that some of the members present and voting against him were defaulters, and, therefore, their votes should not have been counted. Although this argument had not been made before the authorities below, but the learned counsel for the petitioner submits that such an argument forms part of this petition. 3. Be that as it may, we do not feel that a member is debarred from voting because he is a defaulter, and admittedly, he was eligible to vote on the date the motion was carried. 4. We do not think that the prayers in the petition can be granted. The Writ Petition is misconceived, devoid of merit and dismissed. BILAL NAZKI, J. J.H. BHATIA, J.