Bombay High Court
Mangesh S/O Shamrao Tayade vs The State Of Maharashtra, Thr. ... on 12 December, 2022
Bench: A.S. Chandurkar, Anil Laxman Pansare
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 7951 OF 2022
Mangesh s/o Shamrao Tayade
Aged about 31 Years, Occupation - EX-V
Serviceman, Resident of Wadegaon, Post
Wadegaon-02, Tq. Balapur, Dist. Akola. ... PETITIONER
VERSUS
1. The State of Maharashtra
Through Secretary, Rural Development
Department, Mantralaya, Mumbai.
2. The State Election Commissioner
Maharashtra State, New Administrative
Building, Opp. Mantralaya, Madam Kama
Road, Mumbai-32.
3. The District Collector, Akola
Collector Office, Akola.
4. Chandrashekhar Daulatrao Chincholkar
Aged 54 years, Occu-Member of Zilla
Parishad, R/o Wadegaon, Tq. Balapur,
Dist. Akola. ... RESPONDENTS
Mr. Syed Ateeb, Advocate for Petitioner.
Mr. A. A. Madiwale, Assistant Government Pleader for Respondent Nos.1
and 3.
Mr. R. D. Karode, Advocate for Respondent No.4/Caveator.
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CORAM : A. S. CHANDURKAR AND ANIL L. PANSARE, JJ.
DATE : DECEMBER 12, 2022.
ORAL JUDGMENT - [PER A. S. CHANDURKAR, J.]
. Rule. Rule made returnable forthwith and heard learned
Counsel for the parties.
2. The Petitioner, who was holding the post of Sarpanch has been
disqualified under Section 39(1) of the Maharashtra Village Panchayats
Act, 1959 by the Divisional Commissioner, Amravati. The order to that
effect has been passed on 30/9/2022. In Appeal filed before the State
Government under Section 39(3) of the said Act, the Petitioner had
moved an application for stay. Since that application was not been
decided, the Petitioner had filed Writ Petition No. 6745/2022 (Mangesh
Shamrao Tayade V/s The State of Maharashtra) before this Court.
3. By the order dated 2/12/2022, the State Government was
directed to decide the said Appeal within a period of four weeks from the
first date of appearance of the parties, which was fixed as 12/12/2022. In
the meanwhile, the Respondent No.3 - Collector on 2/12/2022 has issued
a notice declaring that election to the post of Sarpanch would be held on
13/12/2022. In view of this development, the present Writ Petition had
been filed praying that the notice dated 2/12/2022 be set aside and the
Petitioner be permitted to continue as Sarpanch.
4. After hearing learned Counsel for the parties including the
3/3 Judg.Cir.1.wp.7951.2022.odt
learned Counsel for the Respondent No.4/Caveator, it is seen that by the
earlier order dated 2/12/2022 the Appeal preferred by the Petitioner
before the State Government is required to be decided within a period of
four weeks from today. The notice issued by the Collector on 2/12/2022
declares that the election to hold the post of Sarpanch that has now fallen
vacant would be held on 13/12/2022.
5. Thus, in the fact that Appeal as well as the stay application are
pending before the State Government and the post in question is being
filled up, the purpose would be served by directing that though the
election can be held on 13/12/2022 for filling up the post in question,
result thereof would be subject to the outcome of the Appeal preferred by
the Petitioner under Section 39(3) of the said Act.
6. The Election Officer, prior to commencement of the election,
shall inform all the concerned members that the said election would be
subject to outcome of the Appeal preferred by the Petitioner.
7. Rule is made absolute in above terms. No costs.
8. Parties to act upon the authenticated copy of this order.
(ANIL L. PANSARE, J.) (A. S. CHANDURKAR, J.)
Yadav VG
Digitally Signed ByVIJAYA
GOURISHANKAR YADAV
Signing Date:12.12.2022
19:24
