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Bombay High CourtWP/8684/2018dismissed

Sompur Grampanchayat Sompur, Tal Baglan Dist Nashik v. The State Of Maharashtra Through Principal Secretary And ORS

2018-07-31Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 907-WPST19394.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 19394 OF 2018 Sompur Grampanchayat ..... Petitioners

VERSUS

State of Maharashtra & Ors.

..... Respondents ALONGWITH WRIT PETITION (ST) NO. 18223 OF 2018 Dhananjay Bhaskar Bhamare ..... Petitioner

VERSUS

State of Maharashtra & Ors.

..... Respondents Mr.J.D.Khairnar for the Petitioners.

Ms.Chaitrali Deshmukh for the Respondent nos. 3 and 4 in Writ Petition (St) No.19394 of 2018.

Mr.S.D.Rayrikar, A.G.P. for the State - Respondent no.1. CORAM :

R.D. DHANUKA, J.

DATE :

31st JULY, 2018 P.C.

By these two writ petitions, the petitioners have impugned the orders dated 26th June, 2018 passed by the learned State Minister for Rural Development, Maharashtra in appeal arising out of the judgment and order dated 22nd January,2018 passed by the respondent no.2 in Grampanchayat Disqualification Appeal No.22 of 2017 and also impugned the order dated 19th June, 2018 passed by the respondent no.2 herein in Appeal No.42 of 2018 respectively.

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By the impugned order dated 26th June, 2018 the learned Minister has dissolved the entire Grampanchayat and has confirmed the order dated 22nd January,2018 passed by the learned Additional Commissioner, Nashik dissolving the entire Grampanchayat. 3.

Ms.Deshmukh, learned counsel for the respondent nos.3 and 4 tenders an affidavit in reply on behalf of the respondent nos.3 and 4 stating that as per section 35(3) of the Maharashtra Village Panchayat Act, 1958, by order dated 4th July, 2018, the Extension Officer (Panchayat) Mr.Nitin S.Deshmukh has been appointed as administrator of Sompur Grampanchayat till further orders. It is submitted by the learned counsel that the office of the learned collector will take appropriate steps for holding the election of the said Grampanchayat as per the procedure.

4.

In my view, in view of these facts, nothing survive in both these writ petitions and the same are accordingly dismissed as infructuous. No order as to costs.

5.

As and when fresh elections are held, the petitioners can contest those elections in accordance with law.

[R.D. DHANUKA, J.]