Bombay High CourtWP/363/2020disposedoff

Joep Khan Bismillah Khan v. Divisional Commissioner, Amravati And Others

2020-01-20Hon'Ble Shri Justice R.V. Ghuge2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.363/2020 Joep Khan Bismillah Khan ..V/s..

Divisional Commissioner, Amravati and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.R. Deshpande, Advocate for the petitioner. Shri A.M. Kadukar, A.G.P. for respondent Nos.1 to 3. Shri P.A. Kadu, Advocate for respondent No.4. CORAM : RAVINDRA V. GHUGE, J.

DATED : 20.1.2020.

1] Heard Shri Deshpande, Advocate for the petitioner.

2] The learned Advocate for respondent No.4 submits that the impugned order dated 15.1.2020 has already been implemented. The result of the voting held on 8.6.2018 to elect a new Sarpanch to the village Grampanchayat Dongaon, has been declared today. 3] It is further submitted that the petitioner is Up-Sarpanch and he was holding the charge of Sarpanch. The earlier Sarpanch was disqualified under Section 39 of the Maharashtra Village Panchayats Act on the ground of disgraceful conduct.

4] The learned A.G.P. clarifies that the Sarpanch, who was disqualified, had approached the Hon' ble Minister and the disqualification has been sustained. He has moved a writ petition before this Court bearing W.P. No.4034/2018. The same is pending. Ad interim

2 wp363.2020 protection is granted only to the extent of protecting the membership of the disqualified Sarpanch Smt. Anuradha Arun Dhande as she was disqualified as Sarpanch for a conduct unbecoming on the part of a Sarpanch. 5] Considering the above and since a substantive petition filed by the former Sarpanch, who is aggrieved by his disqualification, is pending before this Court, this petition is disposed off. No costs.

(RAVINDRA V. GHUGE, J.) Tambaskar.