Sou. Anjali Laxman Pujari v. Shri Deepak Daji Jadhav And ORS.

wpst-32867-16(912)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION St. NO. 32867 OF 2016 Sou Anjali Laxman Pujari ..Petitioner Vs.

Deepak Daji Jadhav & Ors.

..Respondents Mr. Ranjeeth Patil for the Petitioner Mr. Umesh Mankapure for the Respondent No.1 Mr. S. D. Rayrikar AGP for the Respondent No.3 to 5 CORAM :

R. M. SAVANT, J.

DATE :

2nd DECEMBER, 2016 P.C.

The cause for invoking Writ Jurisdiction of this Court is the fact that the application for stay filed by the Petitioner in the Appeal filed by her against the order passed by the Additional Collector, Sangli, disqualifying the Petitioner under Section 14(1)(g) has been rejected. The Petitioner has been disqualified on the ground that the Petitioner's husband has been awarded a contract by the Grampanchayat.

In my view, it would be just and proper to stay the disqualification of the Petitioner till such time as the Appeal is decided and direct the Appellate Authority to decide the Appeal within a particular time frame. The Learned AGP states that presently an officer is holding charge of the post of Additional Commissioner, Pune and that the said officer would decide the Petitioner's Appeal within a period of 6 weeks from date. The impugned order is mmj

wpst-32867-16(912) accordingly set aside. The application for stay filed by the Petitioner would accordingly stand allowed. The Appellate Authority i.e. the Additional Commissioner Pune is directed to hear and decide the Appeal latest by 16-12017. The parties would appear before the Additional Commissioner on 1412-2016. Needless to state that the contentions of the parties on merits have not been dealt with and the said contentions can be urged before the Appellate Authority and it is for the Appellate Authority to decide the same. Though order has been stayed, it would be appropriate to put some restrictions on the Petitioner. The Petitioner therefore not to attend the meetings of the Grampanchayat in which meetings the subject matter is, as regards award of contracts or any policy decision that is to be taken by the Grampanchayat. The Petitioner is free to attend other meetings. With the aforesaid directions the Writ Petition is disposed of. The parties to act upon an ordinary copy of this order duly authenticated by the Court Associate / Shirestedar. [R.M.SAVANT, J] mmj