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Bombay High CourtWP/11158/2019disposed off

Vimal Krushna Gaikwad v. The State Of Maharashtra And ORS

2019-11-08Hon'Ble Shri Justice Ujjal Bhuyan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11158 OF 2019 Vimal Krushna Gaikwad ... Petitioner V/s.

The State of Maharashtra and ors. ... Respondents --- Mr.P.B. Shah for the petitioner.

Mr.C.D.Mali for respondent Nos.1 and 2.

Mr.Rahul S. Kadam for respondent No.7.

--- CORAM : UJJAL BHUYAN, J.

DATE : NOVEMBER 08, 2019.

P.C.:- 1.

Heard Mr.P.B.Shah, learned counsel for the petitioner; Mr.C.D.Mali, learned AGP for respondent Nos.1 and 2 and Mr.R.S.Kadam, learned counsel for respondent No.7.

2.

Petitioner was elected as the Sarpanch of Gram Panchayat, Reda, Indapur, Pune for the period 20152020. According to him, he took over charge as Sarpanch on 22nd August, 2015. By order dated 19th September,

2019 passed by the Divisional Commissioner, Pune Division, Pune, petitioner was removed from the office of Sarpanch on the ground of "disgraceful" conduct. 3.

According to the petitioner, he has assailed legality and correctness of this order dated 19th September,2019 by filing appeal before the Government of Maharashtra, Rural Development and Panchayat Raj Department. The appeal was filed on 9th October, 2019. However, because of political uncertainity, the concerned Minister has not taken up the appeal for consideration.

4.

Aggrieved, present writ petition has been filed. 5.

Learned counsel for the parties are in agreement that it would be in the interest of justice if a direction is issued to the Principal Secretary of the Department to hear and decide the appeal expeditiously.

6.

The above submission is found to be reasonable and is accordingly accepted.

7.

Consequently, Principal Secretary to the Government of Maharashtra, Rural Development and Panchayat Raj Department is directed to take on board the appeal filed by the petitioner on 9th October, 2019 against order dated 19th September, 2019 and decide the same within a period of four weeks from the date of appearance of the parties.

8.

Since the parties are before the court, let them appear before the Principal Secretary on 18th November, 2019 at 10.30 a.m. whereafter Principal Secretary shall decide the appeal in accordance with law within a period of four weeks thereafter.

9.

Writ Petition is disposed of.

(UJJAL BHUYAN, J.) ....