← Library
Bombay High CourtWP/12169/2021disposed off

Priyanka Pravin Suryawanshi v. The State Of Maharashtra And Others

2021-10-28Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

1 wp 12169.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12169 OF 2021 Priyanka Pravin Suryawanshi .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri Jitendra Patil, Advocate for the Petitioner. Shri S. B. Pulkundwar, A.G.P. for Respondent Nos. 1 to 3. CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

28TH OCTOBER, 2021.

FINAL ORDER :

.

We have heard Mr. Patil, the learned advocate for the petitioner. The learned advocate submits that, the Gram Sabha meeting is now scheduled on 29th October, 2021. No confidence motion against the petitioner who is directly elected Sarpanch is passed on 11th February, 2021. The petitioner within a period of seven days filed statutory appeal before the Collector. The same is not yet decided. The Gram Sabha meeting may not be called till the appeal is decided by the Collector.

2.

We may not stall the democratic process undertaken. In fact, there is delay to call the Gram Sabha meeting itself. It will not be appropriate to stall the meeting of the Gram Sabha. The Gram Sabha consists of all the villagers. As the petitioner is directly elected Sarpanch, the no confidence motion passed

2 wp 12169.21 against the petitioner in the village panchayat has to be ratified by the Gram Sabha and for that purpose meeting is called. 3.

However, the Collector ought to have decided the appeal filed by the petitioner by now. The Collector may decide the appeal filed by the petitioner expeditiously and preferably within a period of one (01) month from today.

4.

In the light of the above, the writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Oct.21