Pramod Satish Bondre v. Shubhangi Dipak Rakte And Others

1 902-CA 11901-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11901 OF 2023 IN WP/8433/2023 Pramod Satish Bondre .. Applicant

Versus

Shubhangi Dipak Rakte and others .. Respondents Mr. Prakash B. Shrisath, Advocate h/f Mr. Shivaji T. Shelke, Advocate for the Applicant.

Mr. S. B. Pulkundwar, AGP for Respondents/State. Mr. V. D. Hon, Senior Advocate for Respondent. CORAM : KISHORE C. SANT, J.

DATED : 27th SEPTEMBER, 2023.

P. C. :- .

This civil application is filed seeking direction to the Collector, Ahmednagar not to proceed with and hold fresh election to the post of Sarpanch of village Shibalpur, Taluka Sangamner, Dist. Ahmednagar till the writ petition is disposed off. The writ petition is reserved for order on 20.07.2023.

2.

On instructions, learned A.G.P. submits that, as on today there is no notification or any notice issued.

3.

Learned senior advocate for respondent also opposes the application stating that there is no cause of action as on today. Even if

2 902-CA 11901-2023.odt notice is issued that would be certainly subject to outcome of the petition and no orders are necessary.

4.

Considering the above submission and statement of learned A.G.P. that, no notice is yet issued/published by the Collector or any other authority, there is no cause of action to file civil application. Needless to say that, even if the notice is issued prior to the judgment, the same would be subject matter of outcome of the petition. Liberty is granted in case such notification is issued to apply afresh. 5.

The civil application stands disposed off.

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