Kalpana Kailas Kale v. The State Of Maharashtra And Others

wp9313.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 9313 OF 2016 Sou. Kalpana w/o Kailas Kale .. PETITIONER

VERSUS

The State of Maharashtra & others .. RESPONDENTS Mr. V.M. Mane, advocate for petitioner.

Mr. S.B. Pulkundwar, AGP for the State.

===== CORAM : R.M. BORDE & K. K. SONAWANE, JJ.

DATE : 1st SEPTEMBER, 2016.

PER COURT :

Petitioner is praying for issuance of directions to the Collector to withdraw the notice dated 25.08.2016 declaring the programme of election for the post of Sarpanch for Village Panchayat Sarai-Salukheda, Tq. Khultabad, Dist. Aurangabad. Vacancy has occurred as a result of passing of no confidence motion against the then Sarpanch. Petitioner contends that since disqualification proceedings in respect of two members are pending with the Additional Collector, Aurangabad, the process of election for electing Sarpanch shall be suspended.

The request is devoid of substance and is not in consonance with any of the provisions of the relevant enactment. In exercise of extra ordinary jurisdiction under Article 226 of the Constitution of India, no interference is called for in the instant petition. Petition is devoid of substance hence stands rejected.

( K. K. SONAWANE ) ( R. M. BORDE ) JUDGE JUDGE dyb