Jagdeepsingh Mohansing Namberdar v. Secretary Revenue And Forest Dept Revenue And Re

2024:BHC-AUG:9065-DB 1 908.CP-511-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CONT. PETITION NO. 511 OF 2023 IN WP/1005/2022 WITH CIVIL APPLICATION NO. 4392 OF 2024 IN CP/511/2023 AND CIVIL APPLICATION NO. 14613 OF 2023 IN CP/511/2023 JAGDEEPSINGH MOHANSING NAMBERDAR

VERSUS

SECRETARY REVENUE AND FOREST DEPT REVENUE AND RE ...

Advocate for the Petitioner : Mr. Narwadkar Mrigesh D. Addl.GP for Respondents/State : Mr. A.R. Kale ...

CORAM : MANGESH S. PATIL & SHAILESH P. BRAHME, JJ.

DATE : 26 APRIL 2024 PER COURT :

.

Heard both the sides.

2.

By the order dated 27.03.2023 in Writ Petition 1005/2022 for the reasons recorded therein, the State Government was directed to take decision about holding of the elections to the members of the Board of the respondent no.3 therein that is the President, Gurudwara Board, Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib. 3.

By the order dated 18.01.2024, we had pointed out as to how it was imperative that the State followed the law and rules for conduct of elections.

4.

Pursuant thereto, the learned AGP submits that a decision has been now taken by the State Government for the reasons germane to Najeeb

2 908.CP-511-2023.doc the issue, not to issue any direction for conducting the elections. He places on record a written communication received by him from the Secretary, Revenue and Forest Department, State Government dated 25.04.2024. A copy of communication tendered across the bar, is marked 'X' for the purpose of identification. 5.

The State Government, for the reasons incorporated in this communication, perceives that holding of the elections with the extant rules would not be proper and is intending to modify it. The fact remains that till the new rules are in place, the law governing the fact situation i.e. the provisions of Nanded Sikh Gurudwara Sachkhand Shri Hazur Apchalnagar Sahib Act, 1956 and the Election Rules framed therein, are in place.

6.

However, this being merely a contempt proceeding seeking implementation of the directions of this Court passed in Writ Petition No.1005/2022, the fact that the State Government has now taken a decision not to direct any elections is sufficient compliance of the directions in the order passed therein.

7.

Needless to state that if at all the petitioner is aggrieved by the stand being taken by the State Government, it would always be open for him to challenge the decision, independently. 8.

Nothing survives. The contempt petition is disposed of. 9.

Civil Applications are disposed of.

[ SHAILESH P. BRAHME, J.] [ MANGESH S. PATIL, J.] Najeeb