Pramod Satish Bondre v. Shubhangi Dipak Rakte And Others

1 906-wp 6003-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6003 OF 2023 Pramod Satish Bondre .. Petitioner

Versus

Shubhangi Dipak Rakte and others .. Respondents Mr. Shivaji T. Shelke, Advocate for the Petitioner. Mr. V. D. Hon, Senior Advocate i/by Mr. A. V. Hon, Advocate for Respondent No. 1.

Mr. K. N. Lokhande, AGP for Respondents/State. CORAM : KISHORE C. SANT, J.

DATED : 06th JUNE, 2023.

P. C. :- .

Heard learned advocates for all the parties.

2.

A limited grievance in this petition is that the petitioner's appeal is pending before the learned Additional Commissioner, Nashik challenging the order of disqualification of the petitioner. The learned Additional Commissioner however, has refused to grant stay to the order impugned before him.

3.

This Court finds that, the interest of the petitioner can be sufficiently protected by directing the learned Additional Commissioner, Nashik to decide the appeal filed by the petitioner bearing Appeal No. 71/2023 within a period of one (01) month from today. Further,

2 906-wp 6003-2023.odt this Court finds that, it would be in the interest of justice to direct the authorities not to hold election to fill up the post of Sarpanch till the appeal is decided. Hence, the following order is passed. 4.

The learned Additional Commissioner, Nashik to decide the Appeal No. 71/2023 within a period of one (01) month from today. Till the decision of the appeal the respondents shall not proceed to fill up the post of Sarpanch of Village Shibalpur, Taluka Sangamner, District Ahmednagar by election.

5.

The writ petition is disposed off.

( KISHORE C. SANT, J. ) P.S.B.