Radhika Vidyanand Ghante v. The State Of Maharashtra Through Principal Secretary And Others

2024:BHC-AUG:1562 15-WP.737-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 15 WRIT PETITION NO. 737 OF 2024 RADHIKA VIDYANAND GHANTE

VERSUS

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

Advocate for the Petitioner : Mr. Madake Datta A. AGP for Respondents-State : Mrs. M. L. Sangit. ...

CORAM : S. G. MEHARE, J.

DATE :

24.01.2024 PER COURT :- 1.

Heard the learned counsel for the petitioner and learned AGP for the respondents-State.

2.

The petitioner was a direct elected Sarpanch. However, third child was born to her. Hence, the Collector disqualified her as a member of the Village Panchayat. The petitioner did not deny that she has delivered a third child after 12.09.2001. It is a disqualification under 14(1)(g) of the Maharashtra Village Panchayats Act. The petitioner had no evidence in rebuttal that the third child was not born to her. 3.

Learned counsel for the petitioner submits that a due procedure has not been followed. Even if the procedure has

15-WP.737-24.odt been followed or there is some irregularity in following the procedure, the fact, that she has delivered third child would not change. The order of the Collector appears legal, correct and proper. There are no grounds to consider the writ petition. 4.

Hence, writ petition stands dismissed at the admission stage.

(S. G. MEHARE, J.) ...

vmk/-