Mrs. Astha Amit Dhandge v. The State Of Maharashtra Thru Secretary, Rural Development And ORS

1 913.8238.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8238 OF 2019 Mrs. Astha Amit Dhandge .....Petitioner V/s.

The State of Maharashtra through .....Respondents Secretary, Rural Development and others Mr. Saurabh Butala i/b Mr. Pradhuman Chauhan for the Petitioner Mr. Swapnil Kamble i/b Mr. Ashok D. Shetty for respondent no. 4 Mr. S. H. Kankal AGP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

AUGUST 1, 2019.

P.C.

The submission of the learned counsel for the petitioner is, in exercise of powers under Section 39 (1) of Maharashtra Village Panchayat Act, 1959 ('the Act' for short) petitioner was removed from the post of Sarpanch by the Commissioner against which an Appeal under Section 39 (3) of the Act is pending before the State Government. According to him, petition can be disposed of with directions to the State Government to decide his application for

2 913.8238.19 wp.doc grant of stay to order of removal passed by the Commissioner, expeditiously.

Considering the prayer and the provisions of Section 39 (3) of the Act, it will be appropriate in my opinion to dispose of the petition with a direction to the State Government to decide the Appeal pending before it, expeditiously and in any case not later than 6 months from the date of production of this order. Petition stands disposed of.

Needless to clarify that application, if so moved by the petitioner, for grant of stay to the order of removal, be decided within period of 4 weeks from today.

[NITIN W. SAMBRE, J.]