Kishor S/O Ajabrao Dhoran vs The Collector, Buldhana And ...
2022 Latest Caselaw 8535 Bom

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

                       WRIT PETITION NO.5263/2022
                             Kishor S/o Ajabrao Dhoran
                                           -Vs.-
                       The Collector, Buldhana and another
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                 Court's or Judge's Orders.
or directions and Registrar's orders.
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            Mr. Ram D. Karode, Advocate for the petitioner.
            Mrs. K.S. Joshi, In-charge Government Pleader for respondent Nos.1 & 2.


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

DATE : 29.8.2022

Heard.

2. Challenge is raised to the notice issued by the Presiding Officer on 22.8.2022 proposing to hold elections for the post of Sarpanch and Upsarpanch on 30.8.2022. According to the learned counsel for the petitioner the notice issued under Rule 4 of the Maharashtra Village Panchayats (Sarpanch and Upsarpanch) Election Rules, 1964 (for short "Rules") ought to give three clear days after which the meeting can be held. He seeks to rely upon the judgment of the Division Bench in the case of Murlidhar Bhaiyaji Kapgate and others V/s Krishna Jairamji Meshram and others reported in 1991 Mh.L.J. 897 in that regard.

3. In the present case the notice as given is for a period exceeding three clear days. Hence the provisions of Rule 4 of the wp5263.2022.odt

said Rules are not violated but in fact complied with. Therefore, there is no reason to interfere in the writ petition and it is accordingly dismissed. No costs.

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

Signed By:NILESH VILASRAO TAMBASKAR Private Secretary Tambaskar.

Date:30.08.2022 17:39