Pooja Vilas Gote v. Minister Of Rural Development, State Govt. Of Mah. Thorugh Its Secretary And ORS.

505-wp2732-18 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2732 OF 2018 Pooja V. Gote

...Petitioner

V/s.

Minister of Rural Development, State of Maharashtra & Ors.

...Respondents

Mr.P.S. Dani, Senior Counsel i/b Mr.Ravindra S. Pachundkar for the Petitioner.

Mr.S.H. Kankal, A.G.P. for the State - Respondent. Mr.V.V. Ugle for the Respondent No No.6.

CORAM : R.D. DHANUKA, J.

DATE : 1ST MARCH, 2018.

P.C. :- 1.

The papers are allowed to be produced at 3:00 p.m. 2.

By consent of parties, the impugned order dated 20th February, 2018 passed by learned Minister is set aside. The appeal which was the subject matter of the said impugned order is restored to file. Learned Minister shall pass a fresh order after hearing both the parties and after complying with the principles of natural justice and in accordance with law. Learned Minister shall decide the matter without being influenced by the observations made in the impugned order dated 20th February, 2017 and the conclusion drawn. 1/2

505-wp2732-18 3.

Both the parties are directed to appear before the learned Minister on 11th April, 2018 at 3:00 p.m.

4.

The writ petition is made absolute in aforesaid terms. No order as to costs.

5.

In view of the fact that the impugned order dated 20th February, 2018 passed by the learned Minister is set aside, the learned Tehsildar or any other authority responsible for conducting election for the post of Sarpanch in question shall not hold election in implementation of the impugned order.

6.

All the contentions of both the parties on merits are kept open.

7.

All the parties, including Tehsildar, Haveli to act on the authenticated copy of this order.

(R.D. DHANUKA, J.) 2/2