Nalani Makhram Rathod v. The Administrator And Chief Executive Officer, Zilla Parishad, Akola And Others

31-WP-5675-2025.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH : NAGPUR.

WRIT PETITION NO. 5675 OF 2025 Mrs. Nalini Makhram Rathod vs.

The Administrator and Chief Executive Officer, Zilla Parishad, Akola and others. ------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------------- Mr. K. S. Chiwarkar, Advocate for petitioner. CORAM :- ANIL S. KILOR and RAJNISH R. VYAS, JJ. DATE :- 26th SEPTEMBER, 2025 P. C.

Heard Mr. Chiwarkar, learned counsel appearing for the petitioner. 2.

The petitioner by way of present petition prays for directions to the Chief Executive Officer, Zilla Parishad, Akola, to decide the application moved by the petitioner under Section 40(2) of the Maharashtra Village Panchayats Act, 1959 (for short, 'the Act of 1959' on 13.05.2025 as regards disqualification suffered by the respondent no.3 as a Member of Gat Gram Panchayat, Januna(Wadala), Tah. Barshitakli, District Akola. It is pointed out that the mandate of Act of 1959 is that, such application shall be decided within 60 days from the date of making such application. 3.

In the circumstances, we are of the opinion that since the relief sought in the petition is innocuous, the same can be granted without issuing the notice to the respondents.

4.

Accordingly, we dispose of the writ petition with a direction to the respondent no.1-The Administrator and Chief Executive Officer, Zilla Parishad, Akola, to decide the application filed by the petitioner under Section 40(2) of the Maharashtra Village Panchayats Act, 1959, in accordance with law, expeditiously and in any case within 30 days from today.

31-WP-5675-2025.odt 2 5.

The learned counsel for the petitioner undertakes to communicate this order to the concerned.

6.

With these directions, the writ petition stands disposed of. No costs. ( RAJNISH R. VYAS, J.) (ANIL S. KILOR, J.) Andurkar.