Rajendra Daulatrao Pawar And ORS v. The Sarpanch Village Panchyat Abhona And ORS

917-ASWP-16461-2023.DOC Amol

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16461 OF 2023 Rajendra Daulatrao Pawar & Ors

...Petitioners

Versus

The Sarpanch Village Panchayat Abhona & Ors

...Respondents

Mr Pramod N Joshi, for the Petitioners.

Mr Vivek Rane, for Respondents Nos 1 & 2.

Ms MP Thakur, AGP, for Respondents Nos 5 & 6-State.

CORAM

G.S. Patel & Kamal Khata, JJ.

DATED:

20th February 2024 PC:- AMOL PREMNATH JADHAV AMOL PREMNATH JADHAV Date: 2024.02.21 10:37:12 +0530 1.

The Petitioners are elected as members of the Abhona Village Panchayat. They made a complaint under various heads such as misappropriation and misconduct against the Sarpanch and the Gram Sevak. This complaint was in writing.

2.

The present grievance is that although five months or more have passed, no enquiry report has been made although this should have been done within one month. A report ought to have been submitted in accordance with the provisions of Section 39 of the Maharashtra Village Panchayat Act, 1959.

20th February 2024

917-ASWP-16461-2023.DOC 3.

We can dispose of the Petition by directing the 4th Respondent, namely the Block Development Officer, Panchayat Samiti Kalvan, District Nashik to submit an initial report to the Chief Executive Officer and Divisional Commissioner, Nashik Division as early as possible and in any event, and as an exceptional circumstance, no later than within four weeks from today. Liberty to the Petitioners to apply.

4.

The Petition is disposed of in these terms. There will be no order as to costs.

5.

We clarify that we have not expressed any opinion on the merits of the complaint filed by the Petitioners. (Kamal Khata, J) (G. S. Patel, J) 20th February 2024