Dnyaneshwar Shridhar Matkar v. The State Of Maharashtra Through Its Principal Secretary And Others

1 WP / 1811 / 2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 WRIT PETITION NO.1811 OF 2023 DNYANESHWAR SHRIDHAR MATKAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Gore Ravindra Vitthal GP for the respondent - State : Mr. D.R. Kale ...

CORAM

: MANGESH S. PATIL & S. G. CHAPALGAONKAR, JJ.

DATE : 15 FEBRUARY 2023 PC :

Heard both the sides.

2.

The petitioner who was a Sarpanch has been disqualified under section 39(1) of the Maharashtra Village Panchayats Act, 1958. His statutory appeal is pending before the State Government along with his application for stay / interim relief. The petitioner apprehends that fresh elections would be declared at any moment and his statutory appeal is not being taken up for hearing.

3.

Learned Government Pleader submits that the Court may direct the appeal to be heard and if the petitioner is interested in having some interim relief, he may press it before the learned Minister.

2 WP / 1811 / 2023 4.

We dispose of the writ petition by directing respondent no. 2 - the learned Minister, Rural Development Department to either decide the petitioner's appeal as expeditiously as possible or else consider the petitioner's prayer for interim relief on its own merits within two weeks.

[ S. G. CHAPALGAONKAR ] [ MANGESH S. PATIL ] JUDGE JUDGE arp/