Sau. Nalini W/O Makhram Rathod v. Presiding Officer, Grampanchayat, Januna, Barshitakli, Akola And Others

2025:BHC-NAG:8427-DB 920.wp.1282.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION (WP) NO. 1282 OF 2025 Sau. Nalini W/o. Makhram Rathod .Vs.

Presiding Officer to the meeting dated 27.02.2024 and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr S. D. Chopde, Advocate for the petitioner Mr H. D. Marathe, AGP for the respondent Nos. 1, 9 and 10/State Mr R. D. Karode, Advocate for respondent Nos. 2 to 8 CORAM :

ANIL S. KILOR AND AJIT B. KADETHANKAR, JJ.

DATED :

AUGUST 26 , 2025 .

Heard.

2.

Mr S. D. Chopde, learned counsel for the petitioner, on instructions, seeks permission to withdraw the present writ petition, in view of the alternate remedy available to the petitioner to raise a challenge to the no confidence motion. He points out that the petition was filed within limitation i.e. immediately after passing of no confidence motion. He submits that now because of passage of time, the limitation for filing such proceeding is lapsed. 3.

On the other hand, Mr R. D. Karode, learned counsel submits that the petition is premature, for the reason that before such decision was ratified by the Gram Sabha, the petition came to be filed. He further points out that the

920.wp.1282.2025.odt limitation should have counted from the date of meeting of Gram Sabha which was held on 12.03.2025.

4.

Be that as it may, in view of request made by the petitioner, we permit the petitioner to withdraw the present writ petition.

5.

While counting the limitation, the Collector shall consider the period which is spent in pursuing the present writ petition, if the petitioner files the proceeding within seven days from today.

6.

Accordingly, the writ petition stands disposed of, as withdrawn.

7.

The interim order not to give effect to the decision of Gram sabha if it is adverse to the interest of the petitioner, granted by order dated 10.03.2025 shall continue for seven days from today.

8.

Writ petition No. 571 of 2025 be de-tagged.

[AJIT B. KADETHANKAR, J] [ANIL S. KILOR, J.] Namrata