Bombay High Court
Smt. Seema Santosh Thakare vs The Additional Collecor, ... on 1 November, 2017
Bench: Z.A. Haq
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.2255/2017
Smt. Seema Santosh Thakare,
aged 33 Yrs., Occu. Sarpanch,
Gram Panchayat, Goregaon,
Tah. Darwah, Distt. Yavatmal,
R/o At Po. Goregaon, Tah. Darwah,
Distt. Yavatmal. ..Petitioner.
..Vs..
1. The Additional Collector,
District Yavatmal.
2. Presiding Officer / Tahsildar,
Tahasil Karyalay, Darwah,
Tah. Darwah, Distt. Yavatmal.
3. The Secretary, Gram Panchayat,
Goregaon, Tah. Darwah,
Distt. Yavatmal.
4. Sau. Meerabai Pushpanand Khare,
Upsarpanch, Gram Panchayat,
Goregaon, Tah. Darwah,
Distt. Yavatmal.
5. Sau. Shardabai Ramrao Dakhore,
Member, Gram Panchayat,
Goregaon, Tah. Darwah,
Distt. Yavatmal.
6. Shri Kishor Hiraman Mahindre,
Member, Gram Panchayat,
Goregaon, Tah. Darwah,
Distt. Yavatmal.
7. Shri Umesh Ramesh Agham,
Member, Gram Panchayat,
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Goregaon, Tah. Darwah,
Distt. Yavatmal.
8. Shri Sunil Ajabrao Malve,
Member, Gram Panchayat,
Goregaon, Tah. Darwah,
Distt. Yavatmal.
9. Sau. Sunita Manohar Pawar,
Member, Gram Panchayat,
Goregaon, Tah. Darwah,
Distt. Yavatmal. ..Respondents.
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Shri M.P. Kariya, Advocate for the petitioner.
Ms. K.R. Deshpande, A.G.P. for respondent Nos.1 and 2.
Shri A.D. Tote, Advocate for respondent Nos.4 to 9.
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CORAM : Z.A. HAQ, J.
DATE : 1.11.2017.
ORAL JUDGMENT
1. Heard.
2. Rule. Rule made returnable forthwith.
3. The petitioner is aggrieved by the order passed by the Additional
Collector vacating the interim order granted earlier in her favour.
4. In a special meeting convened for considering the no confidence
motion against the petitioner, who happened to be Sarpanch of the
Grampanchayat, no confidence motion is passed. The petitioner has raised a
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dispute under Section 35(3)(b) of the Maharashtra Village Panchayats Act
before the Additional Collector challenging the legality of the proceedings of
meeting in which the no confidence motion is passed against her. The learned
Additional Collector granted interim order on 22nd March, 2017 which
continued till 3rd April, 2017 on which date it is vacated. While issuing notice
of the petition to the respondents, by order dated 13 th April, 2017 this Court
has granted interim order which continues. Undisputedly, the dispute raised
by the petitioner is pending.
5. Considering the facts of the case, in my view, the following order
would sub-serve the ends of justice.
(i) The impugned order dated 3rd April, 2017 by which the stay granted
by the Additional Collector earlier is vacated, is set aside.
(ii) The stay granted by the Additional Collector on 22 nd March, 2017
shall continue till the disposal of the proceedings before him.
(iii) The learned Additional Collector shall dispose the proceedings till
16th January, 2018.
(iv) The petitioner and the respondent Nos.3 to 9 shall appear before the
Additional Collector, Yavatmal on 30th November, 2017 and abide by further
instructions / orders in the matter.
(v) Rule made absolute in the above terms.
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6. The petitioner has not filed typed copy of the roznama of the
proceedings before the Additional Collector which contains the impugned
order. The petitioner ought to have removed the office objection pointed out
by the office.
The petitioner shall deposit Rs.1,000/- (Rs. One Thousand) with the
High Court Legal Services Sub-Committee, Nagpur and produce the receipt on
record of the petition within one week.
JUDGE
Tambaskar.
