Swaraj Dilip Thote vs The State Of Maharashtra, Thr. ...
2023 Latest Caselaw 428 Bom

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


                   WRIT PETITION NO.86 OF 2023


Swaraj Dilip Thote,
age 23 years, occupation :
agriculturist, r/o Gaigao, Taluq
Balapur, District Akola.                    ...   Petitioner
              - Versus -
1)   The State of Maharashtra, through
     its Secretary, Rural Development
     Department, Mantralaya, Mumbai.

2)   Divisional Commissioner,
     Amravati Division, Amravati.

3)   Sau. Deepmala Sanjay Wankhede,
     age 48 years, occupation : Sarpanch,
     r/o Gaigao, Taluq Balapur,
     District Akola.

4)   Village Development Officer,
     Gram Panchayat, Gaigao,
     Taluq Balapur, District Akola.

5)   Group Development Officer,
     Panchayat Samiti, Balapur,
     Taluq Balapur, District Akola.

6)   Branch Engineer, P.W.D. Department,
     Panchayat Samiti, Balapur,
     Taluq Balapur, District Akola.

7)   Chief Executive Officer,
     Zilla Parishad, Akola, Taluq and
     District Akola.                        ...   Respondents
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Shri D.S. Patil, Advocate for petitioner.
Smt. S.S. Jachak, Assistant Government Pleader for respondent nos.1
and 2.
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                                 CORAM : A.S. CHANDURKAR AND
                                         MRS.VRUSHALI V. JOSHI, JJ.

DATED : JANUARY 11, 2023

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

Rule. Rule is made returnable forthwith. Heard finally

by consent of the learned Counsel appearing for the parties.

2) The petitioner has initiated proceedings seeking removal

of member of Gram Panchayat under Section 39(1) of the

Maharashtra Village Panchayats Act, 1959.

3) The aforesaid complaint having been filed on 19/4/2022

and the enquiry report having been submitted by the Block

Development Officer on 7/11/2022, the petitioner seeks

consideration of the matter in terms of time frame provided under

Section 39(1) of the said Act. On instructions, Smt. Jachak, learned

Assistant Government Pleader for the respondent nos.1 and 2,

submits that the next date of the proceedings is 31/1/2023.

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                              4)          In view of the fact that the necessary report has been

received by the respondent no.2, it is directed that in accordance

with Section 39(1) of the said Act, the proceedings shall be finally

decided within a period of one month from 31/1/2023.

5) Rule is made absolute in the above terms. The writ

petition is disposed of accordingly. No costs.

6) The learned Assistant Government Pleader to

communicate this judgment to the respondent no.2.

                                       JUDGE                                           JUDGE




                              khj




Digitally Signed By:KAMAL HUNDRAJ
JESWANI
Signing Date:12.01.2023 18:45