Bombay High Court
Sau. Priti Manoj Bundile vs The Collector, Amravati And Others on 28 August, 2024
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
2024:BHC-NAG:9611-DB
1 910-wp 5033.2024.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
WRIT PETITION NO. 5033 OF 2024
( Sau. Priti Manoj Bundile vs. The Collector, Amravati and others )
Office Notes, Office Memorandum of Coram,
appearances, Court's orders of directions Court's or Judge's order
and Registrar's orders.
Mr.N.A.Gawande, Advocate for the petitioner.
Mr.N.S.Rao, Assistant Government Pleader for the respondent
Nos.1 to 3.
CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ.
DATE : AUGUST 28, 2024
A prayer is made by Mr.Gawande, learned Counsel
appearing for the petitioner for deletion of respondent No.6.
2) The prayer is allowed. Amendment to be carried
out forthwith.
3) We have heard learned Counsel for the petitioner
and learned Assistant Government Pleader for respondent Nos.1
to 3.
4) It is informed that after the offence was registered
against the petitioner vide C.R.No.202/2023 on 26/09/2023
punishable under Sections 7, 7(A) and 12 of the Prevention of
Corruption Act, 1988, the petitioner was granted pre-arrest bail
on 17/10/2023 in Bail Application No.1330/2023 by the learned
Additional Sessions Judge, Amravati.
5) It is brought to our notice that subsequent thereto,
based on the registration of the aforesaid offence, an order came
to be passed on 09/01/2024, thereby deciding to initiate
proceedings for disqualification of the petitioner for the post of
2 910-wp 5033.2024.odt
Sarpanch and accordingly, consequential order was passed on
07/08/2024 in exercise of powers under Section 39(1) of the
Maharashtra Village Panchayat Act, 1959.
6) The petitioner claims that an appeal is preferred
against such order of disqualification, which is pending with the
Government since 21/08/2024, in which a prayer for stay of the
election is made. However, the said prayer is not yet decided.
It is claimed that the election of the Sarpanch is scheduled on
29/08/2024.
7) On merits, it is urged that the issue is squarely
covered by Single Bench judgment in Writ Petition
No.899/2023 in the case of Rupali Dinesh Kale vs. The
State of Maharashtra and others decided on 27/07/2023.
In this background, it is claimed that till the pending appeal is
decided by the State Government, the election of the Sarpanch
be stayed.
8) A prayer is opposed by the Assistant Government
Pleader on the ground that the petitioner's husband was caught
red-handed while accepting bribe and as such, the petitioner is
impleaded as an accused in the said crime.
9) We have considered the rival claims.
10) In the judgment passed in Writ Petition
No.899/2023, the learned Single Judge has made following
observations :-
"10. It is thus apparent that on the mere allegation of
demand of illegal gratification, which demand is not
apparent from any action or document produced on record
or from the first panchnama conducted by the Anti
Corruption Bureau as is indicated by the communication
3 910-wp 5033.2024.odt
dated 20.6.2023, the petitioner who was a duly elected
Sarpanch could not have been visited with such drastic
action. The impugned order of the Divisional
Commissioner dated 28.10.2022 (pg.48) merely
disqualifies the petitioner on account of the FIR being
registered against her on the demand being verified,
which, as indicated above, even according to the Anti
Corruption Bureau, was not so and also on account of the
incarceration of the petitioner for 14 days in pursuance to
the complaint, which has been upheld by the respondent
no.1 on the same ground (pg.66). That being the position,
the impugned orders which disqualify the petitioner merely
on the basis of an allegation, as indicated above, cannot
be sustained and are hereby quashed and set aside."
11) We have perused the factual matrix in the said
case, which is similar to the one in the present case. As such,
there appears substance in the submissions of the learned
Counsel for the petitioner. The petitioner has never demanded
money, as could be inferred from the observations from the bail
application.
12) In that view of the matter, we deem it appropriate
to dispose of the petition by directing that the election for the
post of Sarpanch be deferred till the decision of the appeal
pending before the State Government.
13) We direct the State Government to decide the
pending appeal as expeditiously as possible and in any case
within three months from the date of production of this order.
( ABHAY J. MANTRI, J. ) ( NITIN W. SAMBRE, J. )
KOLHE
Signed by: Mr. Ravikant Kolhe
Designation: PA To Honourable Judge
Date: 28/08/2024 17:12:37
