Ashok Bhushan, J. - (1.) This appeal has been filed against the judgment dated 22.11.2018 of the High Court of Bombay dismissing the writ petition filed by the appellant.
(2.) We have heard learned counsel for the appellant as well as the counsel for the respondent No.4 who has appeared on caveat. The interest of respondent No.4 and other private respondents being common we have not issued notice to other respondents.
(3.) The brief facts of the case necessary for deciding the appeal are: On 07.09.2018, respondents moved a no-confidence motion against the appellant. Tahsildar issued notice dated 07.09.2018 convening special meeting of Gram Panchayat for consideration of no-confidence motion on 14.09.2018. On 14.09.2018 out of nine members of the Gram Panchayat only eight members were present in the meeting. Six members voted in favour of the motion and two members were opposed to it. One of the members who voted in favour of no-confidence motion was not qualified to vote, namely, Smt. Sushila Prakash Darade who had not filed her caste certificate after election, hence, she was disqualified to continue to be a member or to vote in any meeting. A Dispute Application under 35(3-B) of the Maharashtra Gram Panchayat Rules, 1958 challenging the no-confidence motion passed was filed. The Addl. Collector, Nasik passed an order dated 16.10.2018 approving the special meeting dated 14.09.2018 holding that no-confidence motion was validly passed. Against the order passed by the Addl. Collector, a writ petition was filed by the appellant which has been dismissed by the High Court by the impugned judgment. Aggrieved by the judgment of the High Court this appeal has been filed.;