Smt. Rajesh S/O Shivaji Isapure v. State Of Maharashtra, Thr. Secretary, Rural Development And Panchayat Raj, Rural Dev. Dept. Mumbai

10-8-2022-WP-4284-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.4284 of 2022 Smt. Rajesh S/o Shivaji Isapure, Aged about ______ years, Occupation : Cultivator, R/o At Post Isapur, Taluka Lakhni, District Bhandara.

... Petitioners

Versus

State of Maharashtra, through its Secretary, Rural Development and Panchayat Raj, Rural Development Department, Mantralaya, Mumbai.

... Respondent Shri H.A. Khedikar, Advocate for Petitioner.

Shri D.P. Thakre, Additional Government Pleader for Respondent. CORAM : A.S. CHANDURKAR & URMILA JOSHI-PHALKE, JJ. DATE : AUGUST 10, 2022 ORAL JUDGMENT (PER A.S. CHANDURKAR, J.) :

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. 2.

The only relief sought by the petitioner is for expeditious consideration of the appeal preferred by him under Section 39(3) of the Maharashtra Village Panchayats Act, 1959. The petitioner had approached the Additional Commissioner, Nagpur in the proceedings under Section 39(1) of the said Act seeking disqualification of various

10-8-2022-WP-4284-2022.odt Gram Panchayat members. That application was rejected on 6-5-2020. Against that order, the petitioner has preferred an appeal before the State Government. It is stated that despite the fact that the appeal has been filed prior to about two years, the same has not been adjudicated. The elective term of the Gram Panchayat is to expire shortly within a period of two months.

3.

In the light of the aforesaid, the respondent is directed to decide the pending appeal preferred by the petitioner within a period of four weeks from the date of the presentation of this order before the respondent. The application shall be decided in accordance with law and after giving due opportunity to all the parties. The decision taken shall be communicated to the concerned parties. 4.

With these directions, the writ petition is disposed of. Rule accordingly. No costs.

(URMILA JOSHI-PHALKE, J.) (A.S. CHANDURKAR, J.) Lanjewar LANJEWAR 11:31