15-WP-08-23.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.08 of 2023
Ganesh Shyamrao Thakre
vs.
State of Maharashtra, Rural Development Deptt, through its Secretary, Mumbai and others..
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri Amol Deshpande, Advocate for petitioner.
Shri A.M.Deshpande, I/c. Government Pleader for respondent nos.1 and 2.
CORAM :- A.S.CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
DATE :- JANUARY 05, 2023.
On 03.01.2023 while issuing notice in the writ petition after considering prima facie case we had passed an ad-interim order. On 04.01.2023 the judgment of the Division Bench delivered at Aurangabad Bench in Writ Petition No.209/2018 ( Anuja Kalyan Gore vs. The State of Maharashtra and ors) decided on 06.03.2018 was brought to our notice. In that writ petition it has been held that the Sarpanch besides having the right to vote in the election of Upa-Sarpanch also has a right of casting his vote in case of equality of the votes. We have followed the said judgment while deciding Writ Petition No.23 of 2023 ( Pradip T. Shahare and ors vs. The State Election Commission through its Secretary and anr) and Writ Petition No.68 of 2023 ( Hemant S/o Nilkantha Rathod vs. State of Maharashtra and ors.) on 04.01.2023. Hence for reasons assigned in Anuja Kalyan Gore (supra), ad-interim order dated 03.01.2023 stands vacated.
Stand over three weeks. The elections held would be subject to final outcome of the writ petition.
Civil Application (W) No.42 of 2023 The petitioner seeks leave to amend the writ petition by raising challenge to the validity of Section 33(4) of the Maharashtra 15-WP-08-23.odt 2 Village Panchayats Act, 1959. The amendment is allowed. The same be carried out within a period of one week from today.
The civil application is disposed of.
The Authenticated copy of this order be furnished to the learned counsel for the parties.
(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.) Andurkar..
Digitally Signed byJAYANT S ANDURKAR Personal Assistant Signing Date:
05.01.2023 15:58