Vilas Anand Gawai v. The State Of Maharashtra, Thr. Principal Secretary, Urban Dev. Dept. Mumbai And Others

1 910-WP-1983-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 1983 OF 2023 (Vilas Anand Gawai & Anr. Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri S.O. Ahmed with Shri Pritesh Atkar, Advocate for the petitioners. Shri A.S. Fulzele, Additional Government Pleader for respondent Nos. 1 to 3/ State. CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI , JJ.

D ATE : MARCH 31 , 202 The election for the post of Sarpanch of Gram Sabha, Sirso, Taluka - Murtizapur, District - Akola could not be conducted since the said post was reserved for the candidate from the Scheduled Tribe category and in the Gram Panchayat there is no Member satisfying such requirement. The minutes of the meeting held on 29/3/2023 indicate the said aspect. 2] In view of aforesaid, respondent No.2 would be required to follow the course prescribed by Rule 2-A(4-A) of the Bombay Village Panchayats (Sarpanch and Upa-Sarpanch) Election Rules, 1964.

3] The Writ Petition is disposed of by directing respondent Nos. 2 and 3 to take all necessary steps in accordance with the aforesaid provisions and hold the election of Sarpanch. The learned Additional Government Pleader to communicate this order to the concerned respondents. (M.W. CHANDWANI, J.) (A. S. CHANDURKAR, J.) SUMIT AGRAWAL