Sau. Bebitai Siddharth Tayde And Others v. Honble Minister, Rural Development Dept., Mumbai And Others

1 44.WP546.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.546/2019 Sau. Bebitai Siddharth Tayde and others Vs.

Hon'

ble Minister, Rural Development Department, Mantralaya, Mumbai and others. ........................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court'

s orders Court' s or Judge'

s order of directions and Registrar'

s orders .............................................................................................................................................. Shri. N. R. Patil, Assistant Government Pleader for respondent Nos.1 to 3.

CORAM : R.K. DESHPANDE & A.S. CHANDURKAR, JJ.

DATED : 04th JANUARY, 2020.

.

None for the petitioner.

The relief sought in the Writ Petition is for setting side the notices dated 10.01.2019 and 14.01.2019 that were issued by the Collector for holding election to fill in the vacancies on the post of Sarpanch and Upsarpanch by the Gram Panchayat. The Petitioner and certain other members of the Gram Panchayat were removed from their posts under Section 39(1) of the Maharashtra Village Panchayat Act 1958. The said members including the petitioners then filed an appeal before the State Government. During pendency of that appeal, the impugned notices have been issued for filling in the vacancies.

This Court while issuing notice on 22.01.2019 did not grant any interim relief in favour of the petitioners. It is therefore, likely that the elections

2 44.WP546.19.odt that were scheduled on 24.01.2019 might have been held.

Accordingly, we dispose of the Writ Petition by observing that the subsequent elections held would be subject to the outcome of the appeal filed by the petitioners and other members before the State Government.

JUDGE JUDGE RGurnule