Navita Vinod Sadar And Another v. State Of Maha., Thr. Secretary, Rural Development Dept., Mumbai And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.4534 of 2022 1.Sau. Navita Vinod Sadar, Aged about 27 years, Occu. Household/Sarpanch, Gram Panchayat Chatari, R/o Chatari, Tah. Patur, District- Akola.

2.Sonu Mangesh Lakhade, Aged about 28 years, Occu. Household/Up-Sarpanch, Gram Panchayat Chatari, R/o Chatari, Tah. Patur, District- Akola.

... Petitioners

Versus

1. State of Maharashtra, through its Secretary, Rural Development Department, Mantralaya, Mumbai-400032.

2. Divisional Commissioner, Amravati Division, Amravati.

3. Zilla Parishad, Akola, through its Chief Executive Officer, District- Akola.

4. Block Development Officer, Panchayat Samiti Patur, Tah. Patur, District- Akola.

5. Tahsildar, Patur, Tah. Patur, District- Akola.

6. Gram Panchayat Chatari, Tah. Patur, District- Akola, through its Secretary.

7. Rameshwar Sahebrao Dhore, Aged : Major, Occu. Agriculturist.

8. Dipali Anil Bochare, Aged : Major, Occu. Household.

9. Vishwanath Tulaji Sadar, Aged : Major, Occu. Agriculturist.

10.Sau. Pramila Ganesh Hirulkar, Aged : Major, Occu. Household.

11.Sandip S/o Uttam Manjare, Aged : Major, Occu. Agriculturist.

Nos.6 to 10 R/o Chatari, Tah. Patur, District- Akola.

... Respondents Shri Ram Karode, Advocate for Petitioners.

Shri K.L. Dharmadhikari, Assistant Government Pleader for Respondent Nos.1, 2 and 4.

Shri M.V. Bute, Advocate for Respondent Nos.3 and 4. Shri Rahul Dhande, Advocate for Respondent Nos.7 to 11. CORAM : SUNIL B. SHUKRE & G.A. SANAP, JJ.

DATE : 3rd OCTOBER, 2022 ORAL JUDGMENT (PER SUNIL B. SHUKRE, J.) :

1.

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

We direct the respondent No.1 to decide the appeal filed by the petitioners under Section 39(3) of the Maharashtra Village Panchayats Act, 1959, if not decided so far, as expeditiously as possible and preferably within four weeks from the date of receipt of the order.

3.

The order dated 3-8-2022, insofar as it makes the election subject to outcome of the appeal of the petitioners pending with the State Government, shall hold good till the said appeal is decided by the respondent No.1, if not already decided.

4.

Rule accordingly. No costs.

(G.A. SANAP, J.) (SUNIL B. SHUKRE, J.) Lanjewar LANJEWAR 13:46