Vishal Sambhaji Jadhavar v. The State Of Maharashtra Through Secretary And Others

{1} wp362.23 sr.927.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 362 OF 2023 VISHAL SAMBHAJI JADHAVAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERSE.

...

Mr. S.J. Salunke, Advocate for petitioner.

Mr. P.K. Lakhotiya, AGP for respondents.

CORAM : MANGESH S. PATIL & S.G. CHAPALGAONKAR, JJ.

DATE : 14 FEBRUARY 2023 P.C.:- 1.

The petitioner is questioning the right of Sarpanch to cast two votes at the election of Upa-Sarpanch conducted under section 33 of the Maharashtra Village Panchayats Act, firstly as a member and then, to cast the casting vote.

2.

This Court in the matter of Anuja Kalyan Gore Vs. State of Maharashtra and others (W.P. No. 209 of 2018 with other connected matters) has already considered the provision and a similar argument and has emphatically held that the Sarpanch would have such right to cast vote on two occasions, in the same election process. The decision has subsequently been followed by us in several other matters. 3.

In view thereof, writ petition is dismissed.

[S.G. CHAPALGAONKAR] [MANGESH S. PATIL] JUDGE JUDGE grt/-