Vasantrao Ramchandra Desai v. State Of Maharashtra Through The Principal Secretary And ORS.

skc 912-WP-10775-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10775 OF 2017 Vasantrao R. Desai ..

Petitioner vs.

State of Maharashtra & Ors.

..

Respondents Mr. D. V. Sutar for Petitioner.

Ms Jyoti Jadhav - AGP for Respondents.

CORAM : M. S. SONAK, J.

DATE: 27 SEPTEMBER 2017 P.C :

1] As against the impugned order, the petitioner has already instituted an appeal under Section 39(3) of the Maharashtra Village Panchayat Act, 1959. This appeal was instituted on 20th September 2017. Section 39(3) provides that the Government shall decide the appeal within a period of one month from the date of receipt thereof. This period of one month is yet to expire.

2] Learned counsel for the petitioner however points out that the last date for filing nomination forms for the fresh elections is 29th September 2017. In such a situation, the petitioner is at liberty to move the appellate authority and apply for interim reliefs. If such application is made, the same to be considered on its own merits and in accordance with law.

3] At this stage, apart from the aforesaid, it is not possible to grant any further reliefs to the petitioner.

4] This petition is therefore disposed of with liberty as aforesaid. (M. S. SONAK, J.) Chandka 1/1