The Gram Panchayat Mahabala, Wardha Through Sarpanch, Smt. Jostna Rajendra Pohane v. Additional Commissioner, Nagpur Nagpur Division, Nagpur And Others

1 wp5286.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.5286/2019 The Gram Panchayat Mahabala, Tah. Seloo, Distt. Wardha ..Vs..

Additional Commissioner, Nagpur Division, Nagpur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri V.G. Dhage, Advocate for the petitioner. Ms. T.H. Khan, A.G.P. for respondent Nos.1, 2 and 4. CORAM : Z.A. HAQ, J.

DATED : 31.7.2019.

Heard.

2] By letter dated 23rd October 2018, the Collector, Wardha held that the respondent No.3 (elected Member of Grampanchayat) is disqualified under Section 14(1)(j-3) of the Maharashtra Village Panchayats Act, 1958 to continue as Member. The respondent No.3 had filed appeal before the Additional Commissioner which is allowed by the impugned order. Learned Additional Commissioner has set aside the order passed by the Collector and has restored the respondent No.3 as Member of Grampanchayat. This order passed by the Additional Commissioner is challenged by Grampanchayat in this petition. There is no reference in the petition that the Grampanchayat has passed resolution to challenge the order passed by the

2 wp5286.19 Additional Commissioner. Copy of resolution is also not placed on record. Hence, the petition as filed on behalf of the Grampanchayat cannot be entertained.

Writ petition is dismissed. No costs.

JUDGE Tambaskar.