Smt. Banabai Ramchandra Kamble And ORS. v. Shri Shantikumar Balgonda Patil And ORS.

15 wp11630-13 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11630 OF 2016 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.Rahul S. Kulkarni for the petitioner Mr.Sandeep S. Koregave for the respondent nos.1 to 6 Ms.Vaishali Nimbalkar, A.G.P. for the respondent no.9.

CORAM : K. K. TATED, J.

DATE : OCTOBER 10, 2016 P.C.:

Heard the learned counsel for the parties.

By this petition under Article 227 of the Constitution of India, the Petitioner challenges the order dated 30.8.2016 passed by learned Additional Commissioner, Pune Division, Pune in Appeal No.63 of 2013 declining to stay the order dated 5.8.2016 passed by learned Additional Collector, Kolhapur in Gram Panchayat Dispute Application No.35 of 2016 declaring petitioners as disqualified to be a member of Gram Panchayat under the provisions of Section 14(1)(g) of the Mohite 1/2

15 wp11630-13 Bombay Village Panchayat Act, 1958.

The learned counsel for the petitioner submits that they preferred Appeal before the learned Additional Commissioner, Pune immediately in the month of August, 2016 itself. He submits that same is pending for hearing and final disposal on its own merits. He submits that learned Additional Commissioner be directed to decide the said Appeal as early as possible but in any case within 3 weeks from the receipt of copy of this order. Hence, by consent of both the parties, following order is passed:

a) The learned Additional Commissioner, Pune Division, Pune is directed to decide the Appeal No.63 of 2016 preferred by petitioner within 3 weeks from the receipt of copy of this order. b) Liberty granted to the petitioner to move before this court in case the Appeal is not decided by the authority within stipulated time as stated hereinabove.

c) Parties to act on authenticated copy of this order passed by this court.

d) Parties are directed to remain present before Additional Commissioner, Pune Division, Pune for fixing date of hearing on 15.10.2016.

e) Writ Petition stands disposed of accordingly. JUDGE Mohite 2/2