Sardar Gurmitsingh Laddusingh Mahajan And Others v. The State Of Maharashtra And Others

1 Sr918WP7055.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 7055 OF 2018 Sardar Gurmitsingh Laddusingh Mahajan & Ors.

Petitioners...

Versus

The State of Maharashtra & Ors.

Respondents...

..........

Mr Satyajit S. Bora, Advocate for the petitioners Mrs M. A. Deshpande, AGP for respondent/State .............

CORAM : R. M. BORDE & A. M. DHAVALE, JJ.

DATE : 03RD JULY, 2018.

PER COURT:- 1.

The petitioner has an apprehension that the State Government would proceed to bring to an end the term of the petitioners who have been elected to the Board in view of Section 6(1)(ii) of the Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 (hereinafter referred to as "the Act of 1956"). The petitioners contend that, the term of the petitioners shall be deemed to have been extended until the new Board is constituted. It is the contention of the petitioners that, it is not within the contemplation of the State to constitute a new Board and

2 Sr918WP7055.2018 the term of the petitioners is not being curtailed without reconstituting a new Board. It is further contended that, the petitioners are entitled to continue until a new Board is constituted in view of Section 6 of the Act of 1956. The tenure of the membership is provided under Section 8 of the Act of 1956. The contention raised by the petitioners appears to be misplaced since, in the notification issued by the State Government on 27.06.2018, it is clarified that the Stage Government considers it expedient to constitute a new Board as the term of three years of members of the Board has already been completed.

2.

It is clarified by the State Government that, it is within the contemplation of the State to constitute a new Board, since the term of the members of the Board has been already completed. In view of this, the apprehension expressed by the petitioners appears to be misplaced. The writ petition is accordingly disposed of. No costs. [ A. M. DHAVALE ] [ R. M. BORDE ] JUDGE JUDGE Punde