Shyam Madhavrao Mohod And Another vs The Additional Commissioner, ...
2017 Latest Caselaw 4828 Bom

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                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          NAGPUR BENCH, NAGPUR.

                           WRIT PETITION NO.2890 OF 2017.


   PETITIONERS:     1.   Shyam Madhavrao Mohod,
                           aged about 38 years, Occu: Labourer
                           (Member of Gram Panchayat, Sindhi
                           (Meghe), R/o Sindhi Meghe, Tq. and Distt.
                           Wardha.
   '
                       2.   Sau.Supriya Shyam Mohod,
                            aged about 33 years, Occu: Labourer,
                            (Member of Gram Panchayat, Sindhi 
                            (Meghe), R/o Sindhi Meghe, Tq. and Distt.
                             Wardha.


                                            : VERSUS :


   RESPONDENTS:  1.  The Additional Commissioner, 
                     Nagpur Division, Nagpur.

                              2.  The Additional Collector, Wardha.

                              3. The Secretary, Gram Panchayat,
                                 Sindhi (Meghe), Sindhi (Meghe), Tq. 
                                 And Distt.Wardha.   

                                4.  The Sarpanch, Gram Panchayat, Ward
                                    No.5, Sindhi (M), Tq. and Distt.Wardha.

                              5.  The Block Development Officer, Panchayat
                                  Samiti Wardha, Tq. and Distt.Wardha.

                                 6.  Arun Devidasji Yesankar,
                                     aged about 45 years, Occu: Labour, R/o




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                               Ward No.5 Sindhi Meghe, Tq. and Distt.
                               Wardha.

   -=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-
   Mr.S.D.Chopde, Advocate for the petitioners.
   Ms.N.P.Mehta, AGP for respondent nos.1 and 2.
   Ms.Arti Singh Adv. h/f Mr.P.D.Meghe, Adv. for respondent nos.3 to 5.
   Mr.Anand Deshpande, Advocate for respondent no.6.
   =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-

                                                       CORAM:   P.N.DESHMUKH, J.

                                                       DATED:    20th JULY, 2017.

   ORAL JUDGMENT:


   1.             Rule. Rule is made returnable forthwith.     Heard finally by

consent of learned counsel of both the parties.

2. Challenge in this petition is to impugned order passed by

respondent no.1 dated 2nd May, 2017, thereby refusing to grant stay to

the order of respondent no.2 dated 18th April, 2017, whereby petitioner

came to be disqualified as a Member of the Gram-panchayat.

3. Learned counsel appearing for the parties have made a

statement that the present petition be disposed of with suitable

directions to respondent no.1 to decide Gram Panchayat Appeal No.64

of 2017, by continuing ad interim relief granted by this Court.

4. Submissions advanced as aforesaid substantiate from the

documents filed on record. Considering the fact that this Court by order

dated 9th May, 2017 had granted relief by way of stay to the order of

respondent no.2 pending appeal for its hearing before learned

Additional Commissioner Nagpur, present petition can be decided by

issuing directions to respondent no.1 to decide Gram Panchayat Appeal

No.64 of 2017 expeditiously within period of two months from today as,

admittedly, said appeal is stated to be fixed for final hearing on 2 nd

August, 2017.

In the circumstances, petition stands disposed of in above

terms.

Needless to say that during the pendency of appeal and its

disposal by respondent no.1, ad interim relief in force to continue.

JUDGE chute