Datta Jyotiba Falke v. The State Of Maharashtra Through Its Principal Secretary And Others

{1} wp4815-22 drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4815 OF 2022 Datta Jyotiba Falke PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. Prashant P. Dama, Advocate for the petitioner Mr. S. N. Kendre, AGP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 28 th APRIL, 2022 ORDER :

1.

The petitioner is aggrieved by the order passed by the Commissioner - respondent No.2 thereby granting stay in favour of respondent No.6.

2.

Respondent No. 6 is disqualified under section 14 (G) of the Maharashtra Village Panchayat Act (hereinafter for short "the said Act"), from holding the post of Sarpanch, by the order dated 16th March, 2022 passed by the Collector, Nanded. Respondent No. 6, therefore, preferred statutory appeal under section 16 of the said Act, challenging the said disqualification, before the Commissioner - respondent No.2, who has granted stay to the order passed by the Collector.

{2} wp4815-22 3.

Since the statutory appeal is filed by respondent No.6, there is no error or illegality committed by the Commissioner - respondent No.2 in granting stay to the disqualification order passed by the Collector.

4.

Respondents No. 2 - Commissioner shall decide the appeal expeditiously and in any case within a period of two months from the date of receipt of writ of this order.

5.

With these directions, writ petition is disposed of. [NITIN B. SURYAWANSHI] JUDGE drp/wp4815-22