Milind Sudam Manware v. The State Of Maharashtra, Through Secretary For Rural Development Department, Mumbai And Others

Order 2406wp4331.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 4331/2019.

Milind Sudam Manware -VERSUSThe State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri S.M. Vaishnav, Advocate for the Petitioner. CORAM : R.K. DESHPANDE & VINAY JOSHI, JJ.

DATE : JUNE 24, 2019.

Heard.

2.

Grievance is about steps to be taken for filling in the vacancies caused due to disqualification of the petitioner from the post of Sarpanch, on account misconduct. This is communicated to the Tahsildar, vide communication dated 17.06.2019.

3.

Contention of the petitioner is that, the appeal challenging his disqualification under Section 39 of the Maharashtra Village Panchayat Act, filed by him before the State Government is pending, and it is

Order 2406wp4331.19 not yet decided. Even the decision on the application for interim has not been taken, hence, it is not permissible for the respondents to proceed further in terms of communication dated 17.06.2019.

4.

We dispose of this Writ Petition by clarifying that elections if any, held as per the decision of the Collector dated 17.06.2019, shall be subject to result of the appeal pending before the State Government. No costs.

JUDGE JUDGE Rgd.