Sopan Laxman Sawant vs Collector, Pune And Ors
2023 Latest Caselaw 1370 Bom

                                                  904 WP 1615-23..doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  ORDINARY ORIGINAL CIVIL JURISDICTION


                          WRIT PETITION NO. 1615 OF 2023


Sopan Laxman Sawant                                             ..Petitioner
            Vs.
Collector, Pune & Ors.                                          ..Respondents

Mr. Chaitanya B. Nikte a/w Sneha, for the Petitioner. Mr. A. P. Vanarase, AGP for the State-Respondent Nos. 1, 3, 4 and

7. Mr. Rakesh Bhatkar a/w M. N. Devkule for the Respondent Nos. 5 &

6.

Mr. Ravsaheb Chate, Tahsildar, Maval, Pune is present.

CORAM:- R. D. DHANUKA AND M.M. SATHAYE JJ.

DATE :- 8th FEBRUARY , 2023

P. C.:

1. Mr. Vanarase, the learned AGP waives service for

Respondent Nos. 1, 3, 4 and 7. Mr. Rakesh Bhatkar waives service for

Respondent Nos. 5 and 6. Issue notice to Respondent No.2 returnable

on 27th February, 2023. In addition to the Court notice, the Petitioner is

permitted to serve Respondent No.2 by private service.

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2. The Petitioner has impugned the Order/Communication

dated 2nd February, 2023 passed by the Collector, Pune declaring

elections to the post of Sarpanch of Respondent No.5 Gram Panchayat

of Village Mahagaonand and for other reliefs.

3. It is the case of the Petitioner that the Petitioner was elected

as Sarpanch on 24th February, 2021 and tendered resignation on 3rd

January, 2023. It is the case of the Petitioner that on 16 th January, 2023,

the Petitioner withdrew the said resignation and requested to Block

Development Officer (for short "BDO") not to accept the said

resignation. On receipt of the said letter dated 16 th January, 2023, a

meeting was called by the BDO on 18 th January, 2023. The agenda itself

was prepared on the same day. In the said meeting, it was discussed that

he has withdrawn the resignation letter as he had not tendered the same

voluntarily. In the said meeting, it was resolved to verify the said

resignation and to forward the same after enquiry to the superior office.

4. Learned AGP for the Authorities tendered a copy of the

letter dated 2nd February, 2023 addressed by the Collector, Pune to the

Tahsildar stating that since the Petitioner did not raise any dispute

within seven days from the decision taken in Village Panchayat, the post

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of Sarpanch is vacant and thus fresh election is required to be held. The

fresh election is proposed to be held on 10th February, 2023.

5. The learned Counsel for the Petitioner relied upon the

Judgment of this Court in case of Rajesh s/o Matadin Jaiswal and

others vs. Village Panchayat, Wadi(1987) 1 Bom CR 528; The Judgment

in case of Kumudini Ratilal Bhagat and Ors. Vs. State of Mahrashtra

and Ors. 1987 Mh.L.J. 462; and the Judgment of this Court in case of

Mina Kalyan Devdhe Vs. Commissioner, Nashik Division and Ors.

2019(1) Mh.L.J. 2012 in respect of the submission that before the

resignation could be placed before the Panchayat Committee, the

resignation was already withdrawn by the Petitioner and thus there was

no question of Committee deciding whether the resignation was to

accept or not. In our prima facie view, there is substance in submission

made by the learned Counsel for the Petitioner.

6. We therefore pass the following order:

i. As the Respondent No.2 has not appeared today before this Court,

the Registry is directed to issue notice to Respondent No.2 with a

direction to remain present before the Court on the next date.

ii. If any of the Respondents propose to file an affidavit in reply, the

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same shall be filed within a period of two weeks from today.

iii. The Respondent No.2-BDO wants to file an affidavit in reply, the

same shall be filed within a period of two weeks from the date of

service of the papers and proceedings. Rejoinder, if any, shall be

filed within one week thereafter.

iv. Till the next date there shall be ad-interim relief in terms of

prayer clauses (c) and (d).

v. Parties to act upon the authenticated copy of this order.

(M.M. SATHAYE J)                                    ( R. D. DHANUKA, J. )




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