1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 1229 OF 2010 (Dinesh R. Karmarkar vs. The Divisional Commissioner, Nagpur & 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. MARCH 12, 2010. Heard Shri Motwani, learned counsel for the petitioner. The motion of no confidence has been passed against the petitioner by 8 out of 10. The petitioner challenged that motion in statutory appeal on two grounds. The first is, service of notice upon father of the petitioner was invalid and the second ground is there was no discussion about motion in the meeting. Admittedly, the petitioner was absent and he has not raised contention that at the time when service was effected on his father, he was available. Shri Motwani, learned counsel has placed reliance upon the judgment of learned Single Judge of this Court in the case of Indubai V Khairnar vs. State of Maharashtra, reported at 2003 (2) Bom. C.R. 239, to urge that service of notice upon family member is not valid. Consideration in para 7 there shows that notice was allegedly served upon Sarpanch herself and her thumb impression was obtained. The Sarpanch was not 2 accepting that service and was disputing thumb impression. The observations are made in that back ground. The provisions of Rule 7 of Bombay Village Panchayat (Meeting) Rules, 1959, permit service of notice upon the person concerned or then in his absence on any male adult member of his family. Here, accordingly service is made on the father of the petitioner. The service is, therefore, rightly held valid by both the authorities. The notice was sent for discussion for the benefit of the petitioner and to give him an opportunity to explain his innocence. Here, the petitioner has avoided to remain present in the meeting. The ground of discussion in the meeting itself is totally irrelevant. No case is made out. Writ Petition is dismissed. No order as to costs. JUDGE *GS.