Vishwas S/O Ramrao Jadhao And Another v. The District Collector, Buldhana And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.5153/2015 Vishwas s/o Ramrao Jadhao and another ...Versus...

The District Collector, Buldana 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 P.B. Patil, Advocate for petitioners Ms N.P. Mehta, AGP for respondent nos.1 and 2 CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : 07.09.2015 By this petition, the petitioners seek a direction to the Collector, Buldhana and the Returning Officer not to permit the respondent no.3 to participate in any proceedings of Gram Panchayat, Kolwad. The petitioners seek a declaration that the respondent no.3 is disqualified to be continued as Member of Village Panchayat, Kolwad The relief sought by the petitioners cannot be granted in exercise of the writ jurisdiction. The petitioners have an alternate remedy under the provisions of the Maharashtra Village Panchayat Act. If the petitioners are desirous of seeking the disqualification of the respondent no.3, the petitioners can file appropriate proceedings under the provisions of the Act. Instead of availing the alternate remedy, the petitioners have rushed to this Court. We decline to entertain the writ petition. The writ petition is disposed of with no order as to costs. The points raised in the petition are kept open.

JUDGE JUDGE Wadkar