Bombay High Court
Krushnadas S/O Madhukarraoji ... vs Divisional Commissioner Nagpur ... on 12 May, 2016
Bench: V.A. Naik
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO.4587/2009
PETITIONER: Krushnadas s/o Madhukarraoji Bhutada,
Aged about 49 years, Occupation : Cultivator,
r/o Sindivihiri, Tq. Karanja (Ghadge), District :
Wardha.
...VERSUS...
RESPONDENTS : 1. Divisional Commissioner, Nagpur.
ig 2. Additional Collector, Wardha,
Tq. and District : Wardha.
3. Presiding Officer, i.e. Tahsildar,
Karanja (Ghadge), District Wardha.
4. The Secretary,
Grampanchayat Sindivihiri, Sindivihiri,
Tq. Karanja, District Wardha.
5. Sulochana Damuji Kumbhare,
Aged about 38 years.
6. Sudhir Gangadhar Munne,
Aged about 38 years.
7. Namdeo Rameshwar Warkhede,
Aged about 38 years.
8. Nagorao Sitaram Sayam,
Aged about 38 years.
9. Sunanda Ganesh Chopade,
Aged about 38 years.
10. Shakuntala Ganpat Tidke,
Aged about 38 years.
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All respondent nos.5 to 10 r/o Sindivihiri,
Tq. Karanja (Ghadge), District : Wardha.
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Shri A.M. Balpande, AGP for respondent nos.1 to 3
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CORAM : SMT. VASANTI A. NAIK, J.
DATE : 12.05.2016
ORAL JUDGMENT
By this writ petition, the petitioner challenges the no
confidence motion, dated 30.12.2008 as also the orders passed by the
Additional Collector and the Additional Commissioner upholding the no
confidence motion.
The petitioner was working as a Sarpanch of
Grampanchayat, Sindivihiri since December, 2007. A no confidence
motion was moved against the petitioner on 30.12.2008 and it was passed
with majority. Being aggrieved by the said action of the majority Members
of the Grampanchayat, the petitioner had filed an appeal under
Section 35 (3-B) of the Maharashtra Village Panchayats Act. The said
appeal was dismissed. Against the order of the Additional Collector, an
appeal was filed before the Additional Commissioner but the same was
also dismissed. Both the orders as also the no confidence motion are
challenged by the petitioner in the instant petition.
wp4587.09.odt
Shri Balpande, the learned Assistant Government Pleader
appearing for the respondent nos.1 to 3 states that the cause for filing the
writ petition has been rendered infructuous due to passage of time. It is
submitted that the petitioner was holding the office of Sarpanch from the
year 2007 and the term of the office being five years, the term has expired
during the pendency of the writ petition. It is stated that almost eight
years have lapsed from the passing of the no confidence motion against
the petitioner.
On a perusal of the writ petition and on a hearing the
learned Assistant Government Pleader, it appears that the cause for filing
the writ petition has been rendered infructuous. The purpose of filing the
writ petition appears to have been served in view of the interim order
passed by this Court while issuing Rule.
In view of the aforesaid, the writ petition stands disposed of
with no order as to costs. Rule stands discharged accordingly.
JUDGE
Wadkar
