Bombay High Court
Rajkanya Vinayak Wakode vs The Collector, Buldhana And ... on 9 August, 2017
Bench: S.C. Gupte
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 3837 OF 2017
Rajkanya Vinayak Wakode,
Aged about 52 years, Occup-Sarpanch,
Grampanchayat Bhendwal,
Tah-Jalgaon Jamod, Dist-Buldhana. .....PETITIONER
...V E R S U S...
1] The Collector, Buldhana.
2] Sau. Mangala Panjabrao Wagh,
Aged about 32 years, Occ : G. P. Member.
3] Sau. Kavita Jeetendra Jadhav.
Aged about 35 years, Occ : G. P. Member.
4] Sau. Kamalabai Ramdas Titare,
Aged about 35 years, Occ : G. P. Member.
5] Sau. Abidabi Bismillah Shah.
Aged about 35 years, Occ : G. P. Member.
6] Shri Ayubshah Usmanabad.
Aged about 35 years, Occ : G. P. Member.
7] Shri Bhagwant Gulab Jadhav,
Aged about 35 years, Occ : G. P. Member.
8] Dhyaneshwar Vishvanath Wagh,
Aged about 35 years, Occ : G. P. Member.
9] Shri Sapurda Ganpat Wagh,
Aged about 35 years, Occ : G. P. Member.
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Respondent Nos.1 to 9 O/at Gram
Panchayat Bhendwal(B), Tah-Jalgaon
Jamod, Dist - Buldhana.
10] Sachiv, Grampanchayat Bhendwal,
Aged about 35 years. Occ : G. P. Member
Grampanchayat Bhendwal,
Tah-Jalgaon Jamod, Dist-Buldhana.
11] Tahsildar / Presiding Officer
Grampanchayat Bhendwal,
Tah-Jalgaon Jamod, Dist-Buldhana. ...... RESPONDENTS.
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Shri P. S. Kshirsagar, Advocate for the Petitioner.
Shri N. R. Patil, AGP for the Respondent No.1.
Shri H. D. Futane, Advocate for Respondent Nos.7 & 8.
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CORAM : S. C. GUPTE, J.
th
DATE : 9
AUGUST, 2017.
ORAL JUDGMENT :
Heard.
02] Rule. Taken up for hearing forthwith by consent of
counsel for the parties.
03] The petition challenges an order passed by the Collector
of Buldhana under 35(3)(B) of the Maharashtra Gram Panchayat
Act, 1958. The grievance of the petitioner is that the petitioner was
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elected in Open women category, though she belongs to a
Scheduled Caste. The post of Sarpanch being reserved for
Scheduled Caste women, she was elected as Sarpanch.
Subsequently, a no confidence motion was passed against her by a
majority of the members of the Gram Panchayat. The petitioner
filed an appeal before the Collector raising various grounds of
challenge. The roznama of the appeal indicates that after a couple
of dates, when the appeal was simply adjourned, reply was filed by
the respondent on 24th April, 2017. After this reply, there are no
dates indicating any hearing being given to the parties. It appears
that the impugned order was passed straightaway on 25 th May,
2017 disposing of the petitioner's appeal. Since there was no
hearing granted to the petitioner, the order disposing of her appeal
will have to be set aside and the appeal will have to be remanded
to the Collector for a fresh hearing in accordance with law.
04] Both the parties shall appear before the Collector on 18 th
August, 2017 at 11.00 a. m. when a schedule of hearings can be
fixed.
05] Accordingly, Rule is made absolute and the impugned
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order dated 25.05.2017 is quashed and set aside and the
petitioner's appeal bearing G. P. Case No.35(3)(b)/Bhendwal/47/
2016-17 is remanded to the Collector, Buldhana for a fresh hearing
in accordance with law. The Collector shall grant an opportunity of
oral hearing to both the parties before passing any order in the
matter.
JUDGE
PBP
