Rahul S/O Vasantrao Arakhaarao v. Honble Minister Of Village Development, Maharashtra State, Mumbai And Others

1 WP-2996-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.2996 of 2024 [Rahul S/o Vasantrao Arakhaarao VERSUS Hon'ble Ministry of Village Development, Mumbai and others] Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court' s or Judge'

s order and Registrar'

s orders.

Shri S.D. Chopde, Counsel for Petitioner.

Ms Kalyani Marpakwar, Assistant Government Pleader for Respondent Nos.1 to 3. Shri Ram Karode with Shri Abhay Thorat, Counsel for Respondent Nos.6 to 12. CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ .

ATE : 6 th MAY , 2024 1.

Under Section 39 of the Maharashtra Village Panchayats Act, 1959, the appeal preferred by the petitioner pursuant to the order of removal from the post of Sarpanch of the Gram Panchayat is informed to be pending and not decided within a stipulated period of one month. The prayer is to decide the same expeditiously.

2.

The learned Assistant Government Pleader for the respondent Nos.1 to 3 submits that in view of the ensuing Lok Sabha elections, the appeal preferred by the petitioner was not decided; however, the same shall be decided within a reasonable period.

3.

We direct the respondent No.1-Appellate Authority, i.e. the State Government, to decide the appeal of the petitioner expeditiously in accordance with law and in any case within a period of six weeks from the date of production of this order.

4.

In the meantime, if the election programme of Sarpanch of the Gram Panchayat is declared, it shall be open for the petitioner to move an application for stay of the same in view of the pendency of the appeal.

2 WP-2996-2024.odt 5.

If such an application is moved by the petitioner, the same shall be decided forthwith in accordance with law.

6.

The writ petition stands disposed of.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) LANJEWAR