The single judge dismissed the writ petition challenging a no confidence motion, holding that non-compliance with Rule 17 of the Meeting Rules does not warrant setting aside the resolution unless specific prejudice is shown, which the petitioner failed to establish.
The writ petition was dismissed with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
wp582-13.order
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.582 of 2013
Vijay Maroti Kusnake.
...Versus...
Add. Collector, Gadchiroli and others.
Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders
Mr. Anjan De, counsel for petitioner
CORAM : SMT. VASANTI A. NAIK, J. DATE : 24th April , 2013.
The petitioner challenges the no confidence motion, as also the impugned order passed by the Additional Collector on 5.1.2013 solely on the ground that the motion was not proposed and seconded as required by the provisions of Rule 17 of the Meeting Rules before the same was moved in the special meeting.
The impugned order, as also the resolution of no confidence cannot be set aside solely on the ground that the motion was not proposed and seconded before it was moved in the special meeting. It is a settled position of law that the no confidence motion cannot be set aside due to the non-compliance of the provisions of Rule 17 of the Meeting Rules unless the petitioner points out the prejudice caused to the petitioner in view of the noncompliance of the procedural law. No prejudice has been pointed out by the petitioner in the appeal filed by the petitioner before the Additional Collector due to noncompliance of the provisions of Rule 17 of the Meeting Rules.
wp582-13.order
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Since there is no merit in the only submission made on behalf of the petitioner, the writ petition is dismissed with no order as costs.
JUDGE
Hirekhan
2 issues framed by the court
Whether the no confidence motion can be set aside solely because it was not proposed and seconded as per Rule 17 of the Meeting Rules in the absence of actual prejudice caused to the petitioner.
Whether non-compliance with the procedural requirements of Rule 17 of the Meeting Rules warrants quashing a no confidence resolution passed in a special meeting.
Vijay Maroti Kusnake
Add. Collector, Gadchiroli
Vasanti A. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
