Bhimraj Namdeo Chattar v. The Divisional Commissioner And Others

1 902-ca-9495-2021.doc

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10012 OF 2021 WITH CIVIL APPLICATION NO. 9495 OF 2021 Bhimrao Namdeo Chattar ... Petitioner

Versus

The Divisional Commissioner, Nashik Division, Nashik and others ... Respondents ....

Mr. A. K. Gawali, Advocate for petitioner Mr. S. N. Morampalle, AGP for the State Mr. A. B. Kadethankar, Advocate for respondent No.3 ....

CORAM : R. G. AVACHAT, J.

DATED : 15th SEPTEMBER, 2021 PER COURT :- .

Heard.

2.

The petitioner has already been disqualified to hold the post of village Sarpanch on account of failure to furnish election expenditure within the timeframe. His appeal against the order disqualifying him, is pending before the Revenue Commissioner. The programme for election of his successor in the office has been scheduled for today. Since the petitioner has already been disqualified to hold the post of village Sarpanch, I am not inclined to

2 902-ca-9495-2021.doc stay the proceedings for electing of his successor in the office. It is however clarified that the election of his successor shall be subject to outcome of the appeal, which is pending before the Commissioner, who is expected to decide it on its own merits as scheduled for 24th of this month.

3.

In view of the same, the Writ Petition as well as Civil Application stand disposed of.

4.

The parties to act upon an authenticated copy of this order.

[ R. G. AVACHAT, J. ] SMS