Pushpalata Pralhadrao Phule And Another v. Wasudeo Mahadevrao Kharode And Others

1 wp5346.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5346/2017 Pushpalata Pralahdrao Phule and another ..Vs..

Wasudeo Mahadevrao Kharode - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Ghodeswar, Advocate for the petitioners. Shri A.R. Chutke, A.G.P. for respondent Nos.3 and 4. CORAM : S.C. GUPTE, J.

DATE : 29.8.2017.

Heard learned counsel for the petitioners and learned A.G.P. for respondent Nos.3 and 4.

The petition challenges an appellate order passed by the Divisional Commissioner, Amravati in an appeal under Section 16(2) of the Maharashtra Village Panchayat Act, 1959. The appellants have challenged an order passed by the Additional Commissioner, Amravati on 29th September, 2016 disqualifying them from the post of Members of Grampanchayat, Roshankheda for the reason of non-payment of statutory dues under Section 14(1)(h) of that Act. The impugned order of the Divisional Commissioner indicates that inspite of opportunities being given to appellants to appear at the hearing of their appeal, the appellants were absent and in the premises, the Divisional Commissioner proceeded to hear the appeal ex parte. The impugned order indicates that after hearing the parties, and the record

2 wp5346.17 placed, before the Divisional Commissioner the impugned order is passed. No infirmity could be shown in the impugned order. The petition has no merits and is dismissed. No costs.

JUDGE Tambaskar.