The Gram Panchayat Bolegaon Through Its Upsarpanch And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8472 OF 2015 Rajkumar Venkatrao Kalme Sadashiv Sopan Gavhane Bhairavnath Anandrao Pisal Sahebrao Kondiba Kshirsagar The District Deputy Registrar/ Returning Officer, Committee at Latur, through its Secretary.

Manoj Panditrao Patil Tukaram Dhondiba Ade Mr. Amit A. Mukhedkar, Advocate for the Petitioners. Mr. B. N. Patil, Advocate for Respondent No. 4. CIVIL APPLICATION NO. 6683 OF 2016 IN WRIT PETITION NO. 8472 OF 2015 Vaibhav Chandrakant Dahiphale

2 18-wp 8472-2015.odt Seema Babasaheb Chitale Manik Dasharath Londhe Sampat Keshavrao Gaikwad .. Applicants The District Deputy Registrar/ Returning Officer, Committee at Latur, through its Secretary.

Rajkumar Venkatrao Kalme Sadashiv Sopan Gavhane 7.

Bhairavnath Anandrao Pisal 8.

Sahebrao Kondiba Kshirsagar None for the Applicants.

Mr. B. N. Patil, Advocate for Respondent No. 4. Mr. Amit A. Mukhedkar, Advocate for Respondent Nos. 5 to 8. WRIT PETITION NO. 6027 OF 2015 Vishal Vishwanath Pratap Patil Venkat Hariba Hajare Latabai Netaji Shinde Appasaheb Narayan Londhe

3 18-wp 8472-2015.odt Saudagar Shankar Mane Shobha Shesherao Padule 7.

Suresh Murlidhar Mayande 8.

Simabai Vilasrao Kshirsagar 9.

Mangalbai Pratap Patil 10.

Surekha Subhash Rasal 11.

Anita Balaji Divate 12.

Rajabhau Maruti Rasal 13.

Sakhubai Vishnu Sagar Committee, Latur, through its Secretary.

Awdabai Bharat Sirsath Hanmant Vishwanath Jagdale 7.

Gopal Mahadeo Dhokle 8.

Ramkishan Shivaji Mane 9.

Padminbai Niloba Mayande 10.

Suresh Dhondiba Londhe

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Lalit Digambar Shinde 12.

Chhaya Vaijnath Kshirsagar Mr. A. N. Irpatgire, Advocate for the Petitioners. Mr. B. N. Patil, Advocate for Respondent No. 4. Mr. A. A. Mukhedkar, Advocate for Respondent Nos. 7, 8 & 11. WRIT PETITION NO. 7950 OF 2015 The Gram Panchayat, Aurad Shahajani, Through its Member Wajiuddin Rayajuddin Saraf The Gram Panchayat, Takli Through its Member Maruti Kishanrao Biradar The Gram Panchayat, Pirupatelwadi Through its Member Balikabai Maruti Irlapalle The Gram Panchayat, Sawri Through its Member Saraswati Kishor Sagre The Assistant Registrar, Co-operative Societies, Ausa/ The Returning Officer, Agriculture Produce Market Committee, Aurad-Shahajani.

5 18-wp 8472-2015.odt Committee, Aurad-Shahajani.

Mr. A. S. Reddy, Advocate for the Petitioners. Mr. K. B. Jadhavar, AGP for Respondent Nos. 1 to 4. WRIT PETITION NO. 7952 OF 2015 The Gram Panchayat, Bolegaon (Bk.) Through its Up-Sarpanch Prabhakar Nivruttirao Bandgar The Gram Panchayat, Shend Through its Sarpanch Bapurao Satish Bhinge The Gram Panchayat, Karewadi Through its Member Mahipal Venkatrao Patil The Gram Panchayat, Halki Through its Member Dhondiram Yadavrao Dhok The Gram Panchayat, Sakol Through its Member Dnyanoba Pandharinath Vhane The Gram Panchayat, Tipral Through its Member Prayagbai Shivaji Birajdar 7.

The Gram Panchayat, Ghu. Sangvi Through its Member Satish Chandrapkash Patil 8.

The Gram Panchayat, Talegaon-Deoni Through its Sarpanch Pandit Shesherao Shinde 9.

The Gram Panchayat, Hippalgaon Through its Member

6 18-wp 8472-2015.odt Dilip Tukaram Gaddime 10.

The Gram Panchayat, Sumthana Through its Member Raju Baburao Warkad 11.

The Gram Panchayat, Honmal Through its Member Mahesh Viresh Vyavhare 12.

The Gram Panchayat, Shivpur Through its Member Ashok Madhav Lavande 13.

The Gram Panchayat, Yerol Through its Member Anita Nandkumar Tambolkar 14.

The Gram Panchayat, Lakkad-Jawalga Through its Sarpanch Hirkanbai Manohar Kamble The Assistant Registrar, Co-operative Societies, Nilanga/ The Returning Officer, Agriculture Produce Market Committee, Shirur-Anantpal.

Committee, Shirur-Anantpal.

Mr. Ajinkya Reddy, Advocate for the Petitioners. Mr. K. B. Jadhavar, AGP for Respondent Nos. 1 to 4. Mr. S. S. Shinde. Advocate for Respondent No. 5.

7 18-wp 8472-2015.odt WRIT PETITION NO. 10694 OF 2015 Pandharinath Suryabhan Hulsure Samiyoddin Jainulaboddin Deshmukh Mohan Laxmanrao Bhandare The Assistant Registrar/ Returning Officer, Co-operative Societies, Ausa Committee at Aurad Shahajani Mr. S. S. Shinde, Advocate for the Petitioners. CORAM :

KISHORE C. SANT, J.

DATED : 21st JUNE, 2023.

P. C. :- .

All these petitions were filed challenging the right of the voters from the Grampanchayat constituency. The dispute was as to whether the person whose name is sent by Grampanchayat is entitled to vote or whether in case the term of Grampanchayat is over and in that case whether new representative is to be nominated. The issue was referred to the Division Bench in Writ Petition No. 8472/2015. Accordingly, now the reference is answered by the Division Bench holding that in

8 18-wp 8472-2015.odt case, where the term of Grampanchayat expires then naturally the term of the member of Grampanchayat being co-terminus with the Grampanchayat also ceases to have right to hold and in such cases new person is to be elected by Grampanchayat. Since the petitions were in respect of the elections those were to be held in the year 2015, by eflux of time those have become infructuous. The statement is made that the term of 2015-2020 is already over and thereafter there is administrator appointed and now in the year 2023 the elections are again held for the next term. All over the Maharashtra the elections of APMC are held and even notification is issued on 04.05.2023 in respect of all the APMC's.

In view of the same, all these writ petitions have become infructuous and are disposed off as such.

By order dated 01.10.2015 this Court has directed to put the ballet boxes in the custody of Registrar (Judicial). Since the petitions have become infructuous, the said ballet boxes be given back to the concerned authorities.

In view of disposal of the writ petitions, civil application also stands disposed off.

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