Anuja Kalyan Gore v. The State Of Maharashtra And Others

1 13815.2019WP..CA.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

905 WRIT PETITION NO.13815 OF 2019 WITH CA/13550/2019 IN WP/13815/2019 ANUJA KALYAN GORE .. Petitioner

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..Respondents ...

Advocate for Petitioner : Shri D.J. Choudhari h/f. Shri Bhausaheb B Bhise AGP for Respondents - State : Shri S.B. Yawalkar Advocate for Respondent No.4 : Shri Ajit Kadethankar Advocate for Respondent No.7 : : Shri A.A. Khande ...

CORAM: S. V. GANGAPURWALA & AVINASH G. GHAROTE, JJ.

DATE : NOVEMBER 19, 2019 PER COURT : - 1.

The petitioner has filed an appeal before the State against the order of disqualification. This Court under order dtd.16.10.2019 in Writ Petition No.12580 of 2019 directed the State to decide the stay petition within the period of 15 days from the date of formation of the new Government.

2.

The learned AGP states that, at present the Presidential Rule is in force in the State. The State authorities have moved the Hon'ble Governer for delegation of powers.

3.

The election of the post held by the petitioner is scheduled on 08.12.2019.

Gajanan

2 13815.2019WP..CA.doc 4.

The authority shall expedite the process and seek necessary orders from the Hon'ble Governer of delegation, so that the proceedings can be decided. The stay petition shall be decided by the authority to whom the powers would be delegated on or before 08.12.2019, positively.

5.

The petitioner may appear before the authority on 29.11.2019. Needless to state the authority has to decide the stay petition and the appeal on its own merits without being influenced by any other orders passed.

6.

Writ Petition is accordingly disposed of.

7.

In view of disposal of the writ petition, Civil Application stands disposed of.

8.

Authenticated copy of this order be provided to the parties to act upon.

[ AVINASH G. GHAROTE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE ...

Gajanan