Kirti Viththalrao Chavhan v. The State Of Maharashtra And Others

{1} 984 WP 4350 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 984 WRIT PETITION NO. 4350 OF 2018 .

Kirti w/o Viththalrao Chavhan Age: 22 years, Occu.: Agril.

and household, R/o.Barabhaitanda, 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 ...

CORAM : R.M.BORDE AND K.K.SONAWANE, JJ.

DATE: 27th April, 2018 ORAL JUDGMENT :- (Per R.M.Borde, J.) 1.

Rule. With the consent of parties petition is taken up for final hearing at the stage of

{2} 984 WP 4350 of 2018 admission.

2.

The issue raised in the petition 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.

3.

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 him, including the right to cast vote in the meeting convened to elect the Upa-Sarpanch of the Village Panchayat.

4.

Writ petition stands allowed. Rule is made absolute in above terms. There shall be no order as to costs.

(K.K.SONAWANE) (R.M.BORDE) JUDGE JUDGE SPT