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1986 Supreme(Bom) 291

V.A.MOHTA, B.G.DEO
Dhrupad Bhagwan Sawale & another – Appellant
Versus
Collector, District Buldana – Respondent


JUDGMENT - V.A. MOHTA, J.:---Rule made returnable forthwith. Heard parties by consent. The sole point for consideration in this matter is whether notices of motion of no-confidence dated 25-9-1986 issued against the President and Vice-President of the Zilla Parishad, Buldana (Petitioner Nos. 1 and 2) issued under the Maharashtra Zilla Parishads Presiding Authorities (No Confidence Motion) Rules, 1962 (the Rules) framed under section 274(2)(x) of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (the Act) are valid for want of grounds in the motions. One of the motions reads :

"Since Shri Dhrupadrao Bhagwan Saole has lost our confidence, we are proposing motion of no confidence against him."

The other is similarly worded. The point is no more res integra. It is covered by our decision in (Ganeshsinha Domansinha Hajari v. Commissioner, Nagpur Division, Nagpur and others)1, 1963 Mh.L.J. 569 followed in (Shaligram v. Collector)1, Writ Petition No. 2476 of 1981 decided on 14/15-12-1981. Matter is governed by Rule 2 (as amended on 30-11-1965) which reads thus :

"2. Form of requisition.---The requisition to call a special meeting to consider a motion of no-confidence in the Pre















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