Smt. Kanchan Prashant Narvekar v. The State Of Maharashtra And ORS

4-WP-1805-2023.doc Sonali

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1805 OF 2023 Smt. Kanchan Prashant Narvekar

...Petitioner

Versus

The State of Maharashtra & Ors.

...Respondents

Mr. Sanjeev Kumar Bapu Deore a/w. Ms. Suchita Pawar, for the Petitioner. Mr. P. P. Kakade, GP a/w. Mrs. V. S. Nimbalkar, AGP, for the State/Respondent No.1.

Mr. Anish Khandekar, for Respondent Nos.3 and 4. Mr. Prashant P. Raul, for Respondent No.5.

CORAM : MADHAV J. JAMDAR, J.

DATED : 2nd NOVEMBER 2023 P.C. :

1.

The challenge in this Writ Petition is to the legality and validity of order dated 16th January 2023 passed by the Hon'ble Minister, Rural Development, Government of Maharashtra, Mantralaya, Mumbai, by which the order of the learned Divisional Commissioner, Konkan Division, Navi Mumbai is set aside. The learned Divisional 1/2

4-WP-1805-2023.doc Sonali Commissioner has removed the Respondent No.5 from the post of Sarpanch by exercising power under Section 39(1) of the Maharashtra Village Panchayats Act (Act No.III of 1959). The said order has been set aside by the impugned order dated 16th January 2023 passed by the Hon'ble Minister of Rural Development. 2.

However, learned counsel appearing for both the contesting parties state that now the term of the Respondent No.5 as Sarpanch is over, elections are declared and voting is scheduled on 5th November 2023. Both the learned counsel further state that the Writ Petition has become infructuous.

3.

Accordingly, the Writ Petition is disposed of as infructuous, with no order as to costs.

[MADHAV J. JAMDAR, J.] 2/2