Smt. Rajesh S/O Shivaji Isapure vs State Of Maharashtra, Thr. ...
2022 Latest Caselaw 7785 Bom

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                                                10-8-2022-WP-4284-2022.odt




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

                Writ Petition No.4284 of 2022

Smt. Rajesh S/o Shivaji Isapure,
Aged about ______ years,
Occupation : Cultivator,
R/o At Post Isapur,
Taluka Lakhni, District Bhandara.                        ... Petitioners

     Versus

State of Maharashtra,
through its Secretary,
Rural Development and Panchayat Raj,
Rural Development Department,
Mantralaya, Mumbai.                                      ... Respondent


Shri H.A. Khedikar, Advocate for Petitioner.
Shri D.P. Thakre, Additional Government Pleader for Respondent.

        CORAM : A.S. CHANDURKAR & URMILA JOSHI-PHALKE, JJ.

DATE : AUGUST 10, 2022

ORAL JUDGMENT (PER A.S. CHANDURKAR, J.) :

Rule. Rule made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

2. The only relief sought by the petitioner is for expeditious

consideration of the appeal preferred by him under Section 39(3) of

the Maharashtra Village Panchayats Act, 1959. The petitioner had

approached the Additional Commissioner, Nagpur in the proceedings

under Section 39(1) of the said Act seeking disqualification of various

10-8-2022-WP-4284-2022.odt

Gram Panchayat members. That application was rejected on 6-5-2020.

Against that order, the petitioner has preferred an appeal before the

State Government. It is stated that despite the fact that the appeal has

been filed prior to about two years, the same has not been

adjudicated. The elective term of the Gram Panchayat is to expire

shortly within a period of two months.

3. In the light of the aforesaid, the respondent is directed to

decide the pending appeal preferred by the petitioner within a period

of four weeks from the date of the presentation of this order before the

respondent. The application shall be decided in accordance with law

and after giving due opportunity to all the parties. The decision taken

shall be communicated to the concerned parties.

4. With these directions, the writ petition is disposed of.

Rule accordingly. No costs.

(URMILA JOSHI-PHALKE, J.) (A.S. CHANDURKAR, J.)

Lanjewar

Digitally Signed By :P D LANJEWAR Signing Date:11.08.2022 11:31