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Bombay High CourtWP/11793/2024disposed off

Usha Bhaskar Gholve v. The State Of Maharashtra Through Its Secretary And Others

2024-10-21Hon'Ble Shri Justice Kishore C. Sant2 pages

21wp11793.24

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 21 WRIT PETITION NO. 11793 OF 2024 USHA BHASKAR GHOLVE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Advocate for the Petitioner : Mr. Thombre S.S. AGP for Respondents/State : Ms.R.R. Tandale Advocate for Respondent No.7 : Mr. Ramraje D. Kawade ...

CORAM : KISHORE C. SANT, J.

DATE : 21.10. 2024.

PER COURT :

1.

The petitioner is elected as Sarpanch of Sonarwadi, Tq. Washi, District Dharashiv, who is held disqualified by the authorities under Section 39 (1) of the Maharashtra Village Panchyat Act, 1958. The petitioner approached to the learned Minister, however, no orders are passed on the interim application and in the main proceedings. The grievance of the petitioners is only about the non deciding of interim applications as well as appeals.

2.

Considering that the petitioner is still holding the

21wp11793.24 post, as per the statement of the learned Advocate for the petitioner, there shall be status quo till the decisions of the interim application and appeal.

3.

Now it is informed that the Hon'ble Minister is not taking the hearing in view of the declaration of the result and the model code of conduct. In view of above position following order :

ORDER

(i) The Principal Secretary, respondent No.

1, Secretary, Rural Development Department, Mantralaya, Mumbai shall now decide interim application and the appeal pending before him. (ii) Till orders on interim application by the Secretary, status-quo shall be maintained as on today.

(iii) Parties to appear before the learned Secretary on 4.11.2024.

(iv) Parties to act upon the authenticated copy of this order.

( KISHORE C. SANT ) JUDGE mahajansb/