Priti Sumantrao Kadam v. The State Of Maharashtra And Others

{1} 941 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 941 WRIT PETITION NO. 3491 OF 2018 1.

Priti w/o Sumantrao Kadam, Age : 33 years, Occu. Agri.and household, r/o Kothrul, Tq. Majalgaon, Dist. Beed.

...PETITIONER

VERSUS

1.

The State of Maharashtra through Principal Secretary Rural Development Mantralaya Mumbai.

2.

The Collector Beed, Office of collector, Nagar Road, Beed.

3.

The Tahsildar, Majalgaon Tahsil Office, Majalgaon.

...RESPONDENTS Advocate for Petitioner : Mr. Nilkanth P. Bangar AGP for Respondents: Mr. S.S. Dande WITH WRIT PETITION NO. 3497 OF 2018 Dnyaneshwar s/o Rambhau Dange, Age : 49 years, Occu. Agril., r/o Kankuri, Tq. Rahata, Dist. Ahemednagar.

...PETITIONER

VERSUS

1.

The State of Maharashtra through Principal secretary Rural Development Mantralaya Mumbai.

2.

The Collector Ahmednagar, Office of collector, A.nagar.

3.

The Tahsildar, Rahata Tahsil Office, Rahata.

...RESPONDENTS

{2} 941 sr.no..odt Advocate for Petitioner : Mr. Nilkanth P. Bangar AGP for Respondents: Mr. S.S. Dande CORAM : R.M. BORDE & K.K. SONAWANE, JJ.

DATE : 5th April, 2018.

ORAL JUDGMENT :

Rule. With the consent of parties petitions are taken up for final hearing at the stage of admission.

The issue raised in the petitions is no more res-integra and is covered by the decision rendered by this court in Writ Petition No. 209 of 2018 decided on 6.3.2018 For the reasons recorded in the aforesaid judgment, and since the communication issued by the State Government on 1.11.2017 is already quashed, it is hereby declared that the directly elected Sarpanch is entitled to exercise the rights conferred upon the him, including the right to cast vote in the meeting convened to elect the Upa-Sarpanch of the Village Panchayat.

Writ petitions stand allowed. Rule is made absolute in above terms. There shall be no orders as to costs.

[K.K.SONAWANE, J] [R.M. BORDE, J] grt/-