Parvatibai Shivaji Jamkar vs The State Of Maharashtra Through ...
2024 Latest Caselaw 6963 Bom

Bombay High Court

Parvatibai Shivaji Jamkar vs The State Of Maharashtra Through ... on 4 March, 2024

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                  -1-

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                    WRIT PETITION NO.2117 OF 2024

                    PARVATIBAI SHIVAJI JAMKAR
                                VS.
     THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR
                           AND OTHERS

Mr.R.D.Biradar, Advocate for the Petitioner.
Mr.R.S.Wani, AGP for Respondent No.1.

Mr.S.B.Pulkundwar, Advocate for Respondent No.2.

( CORAM : RAVINDRA V. GHUGE AND R.M. JOSHI, JJ.)

DATE : MARCH 5, 2024

PER COURT :

1. Leave to correct the nomenclature of Respondent No.2.

Correction be carried out forthwith.

2. The Petitioner/Sarpanch, aggrieved by a complaint by

Respondent No.4, has approached this Court. Issue pertains to Section

7 of the Maharashtra Village Panchyats Act concerning the meetings of

the Gram Sabha. It is mandated that there should be at least 4 gram

sabha meetings in a year and there should not be a gap of more than 4

months between 2 such meetings.

3. One complaint was filed against the Petitioner by Babarao

Khanderao allegedly showing failure on the part of the Petitioner in

conducting Gram Sabha meetings between February 2021 till August

2022. By judgment dated 08.05.2023, the District Collector has

dismissed the complaint for being without merit. On the same day,

Respondent No.4 herein preferred one more complaint u/s 7 and 36 of

the Maharashtra Village Panchayats Act alleging that the Petitioner has

not conducted Gram Sabha Meetings.

4. We have gone through the pleadings of respondent No.4 in

the said complaint dated 08.05.2023. The complaint is as vague as it

could be. There is no contention as regards the fact situation pertaining

to when the Petitioner convened the gram panchayat meetings. The

Petitioner is aggrieved that the complaints against her are being filed

repeatedly. After the first complaint was dismissed, on the date of the

judgment in the first complaint, the second complaint was filed.

5. Issue notice to the Respondents, returnable on 03.04.2024.

The learned AGP waives service of notice on behalf of Respondent No.1

and Mr.Pulkundwar waives service of notice on behalf of Respondent

No.2.

6. Untill further orders, the hearing in the complaint filed by

Respondent No.4 before the District Collector, shall stand stayed.

         ( R.M.JOSHI, J. )                 ( RAVINDRA V. GHUGE, J.)