Dagadu Maruti Avadhoot v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:12821 1 946-wp 5777-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5777 OF 2025 Dagadu Maruti Avadhoot .. Petitioner

Versus

The State Of Maharashtra Through Its Secretary And Others .. Respondents Mr. Aashish T. Jadhavar, Advocate for the Petitioner. Mr. K. S. Patil, AGP for Respondent Nos. 1 to 3. CORAM :

KISHORE C. SANT, J.

DATED : 30th APRIL, 2025.

P. C. :- .

Heard learned advocate for the petitioner.

2.

The petitioner is a Up-Sarpanch who is held to be disqualified under Section 39 (1) of the Maharashtra Village Panchayats Act. The order of the learned Divisional Commissioner dated 20.02.2025 is challenged by filing revision before the State. The communication dated 21.04.2025 issued by the Deputy Secretary, State of Maharashtra shows that the hearing was kept on 23.04.2025. The matter is now reserved for order by the Hon'ble Minister. The concern of the petitioner is that before the Hon'ble Minister's order, now the learned Tahsildar, Kallamb has declared the election to the post of Deputy

2 946-wp 5777-2025.odt Sarpanch of village Padoli, Taluka Kallamb. Now, the election is also scheduled to be held on 02.05.2025.

3.

This Court finds that, at this stage it would not be proper to stay the election. However, it is clarified that the election held on 02.05.2025 shall be subject to outcome of the appeal to be decided by the Hon'ble Minister.

4.

The learned A.G.P. on instructions submits that, the appeal can be disposed of within a week.

5.

The Hon'ble Minster is expected to decide the appeal and communicate the decision by 08.05.2025.

6.

With this, the writ petition stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.