Bombay High CourtWP/141/2015disposed off

Mrs. Vaibhavi Udaysinh Shinde v. The State Of Maharasthra Through The Principal Secretary, Village Development Dept. And ORS.

2015-01-09Hon'Ble Shri Justice M.S. Sonak2 pages

DSS 913-wp-141-15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 141 OF 2015 Mrs Vaibhavi Udaysinh Shinde .. Petitioner vs.

The State of Maharashtra & ors.

.. Respondents Mr. Sanjeev Sawant a/w. Mr. Jagdish Chawdhary i/b Raj Legal for the Petitioner.

Mr. P.G. Sawant, 'B' Panel AGP for Respondent Nos.1 to 3. CORAM : M. S. SONAK, J.

DATE : 9 JANUARY, 2015 P.C. :- 1] The Collector has already disqualified the petitioner from holding the post of Sarpanch as well as Member. As against the same, the petitioner has preferred an appeal to the Additional Commissioner, Pune. The Additional Commissioner, Pune, by order dated 19 November 2014 declined stay on disqualification. 2] This petition has been moved seeking urgent reliefs as election to the post of Sarpanch is scheduled today. There is no explanation as to why such petition could not have been moved earlier. Even otherwise, no case of extra ordinary nature to warrant stay on the election process has been made out. It is further clarified that the election, which shall be held, shall be subject to the 1/2

DSS 913-wp-141-15 final decision in the appeal before the Additional Commissioner, Pune Region, Pune .

3] There is no reason to entertain this petition against an interim order by which stay came to be declined against the petitioner's disqualification. However, it would be appropriate if the directions are issued to the Additional Commissioner, Pune to dispose of the appeal itself expeditiously and in any case within a period of two months from today. All parties to cooperate with the Additional Commissioner, Pune in the matter of expeditious disposal of appeal. 4] Nothing contained in this order may be regarded as any expressions on the merits of this matter by this Court. 5] In view of above, petition is disposed of.

6] Parties to act on the basis of an authenticated copy of this order.

(M. S. SONAK, J.) dinesh 2/2