Shri. Sanjay Shivaji Bhondave v. The Returning Officer, Gram Panchayat, Nidhal And ORS.

1 909.9484.17 wp.doc 9ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9484 OF 2017 Shri. Sanjay Shivaji Bhonda .....Petitioner V/s.

The Returning Officer, Gram .....Respondents Panchayat, Nidhal and others Mr. Rohan Surve i/b Mr. Madhav Jamdar for the Petitioner Mr. C. D. Mali AGP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

AUGUST 6, 2019.

P.C.

The order passed by the learned Civil Judge, Junior Division, ­, Vaduj in Election Petition No. 1 of 2015 wherein election of a Sarpanch is questioned and came to be dismissed on 15/03/2017 is the subject matter of challenge.

Heard.

2 909.9484.17 wp.doc The submissions of learned counsel for the petitioner are, if the provisions of Representation of Peoples Act are read with Section 15 of Maharashtra Village Panchayat Act, it has to be inferred that Election Petition is very much maintainable.

Upon plain reading of Section 15 of Maharashtra Village Panchayat Act, I hardly notice any express provision which provides for remedial measures as is sought to be claimed by the petitioner. Section 15 provides for remedy in the matter of questioning election of Member of Panchayat which in any case does not include Sarpanch.

In view of above, there is no substance in the petition. Petition fails, dismissed.

[NITIN W. SAMBRE, J.]