Ravindar Vyankatrao Adatrao v. The State Of Maharashtra Through Its Principal Secretary And Others

2025:BHC-AUG:10414-DB 933-WP-4444-2025.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 933 WRIT PETITION NO. 4444 OF 2025 RAVINDAR VYANKATRAO ADATRAO

VERSUS

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

Mr. G. J. Kore, Advocate for the Petitioner Mr. R. K. Ingole, AGP for the Respondent - State ....

CORAM : MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 03.04.2025 PER COURT :- .

The petitioner who is the complainant and has set up a disqualification proceeding as laid down under Section 16 read with Section 14(j) of the Bombay Village Panchayat Act, is aggrieved by the fact that in spite of lapse of enough time, the inquiry has not proceeded further and the measurement has not been carried out by the office of the DSLR.

2.

The whole purpose of providing for a mechanism for the Collector to declare a vacancy pursuant to a disqualification

(( 2 )) 933-WP-4444-2025 incurred by an elected member of a village panchayat, if the proceedings are not to be decided expeditiously, the efficacy would be lost by passage of time when the tenure of any elected body would be five years.

3.

Without expressing anything on merits and bearing in mind the urgency being demonstrated, we direct respondent No.3 Collector to ensure that the inquiry is concluded at the earliest, if necessary, by issuing directions to respondent No.5 and personally looking into as to if respondent No.5 is undertaking the measurement reporting to him promptly.

4.

The writ petition is disposed of with the aforementioned direction with a further direction to the Collector to conclude the inquiry, in any case, within three months.

[ Y. G. KHOBRAGADE, J. ] [ MANGESH S. PATIL, J.] SMS