Popat Shivaji Karpe v. The District Collector And ANR.

Urmila Ingale 1-WP-2261-21.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2025.01.21 17:38:11 +0530 URMILA PRAMOD INGALE WRIT PETITION NO. 2261 OF 2021 Popat Shivaji Karpe .. Petitioner VS.

The District Collector District Collector office Satara and ors.

.. Respondents Mr. Vaibhav Gaikwad, for the Petitioner.

Ms. N.S. Bane, AGP for State - Respondents No.1 & 2. CORAM : M. S. KARNIK, J.

DATE :

JANUARY 21, 2025 P.C.:

1.

I have perused the interim order dated 28/06/2021 passed by this Court which reads thus :

"1] Heard Shri Vaibhav Gaikwad, learned counsel for the Petitioner. Section 7 of the Maharashtra Village Panchayat Act contemplates holding of four Gramsabha meetings in a given financial year and the Petitioner, directly elected Sarpanch, in his absence Upsarpanch is held responsible for not holding such meetings. Petitioner is ordered to be disqualified for not holding Gramsabha meeting. As such this petition.

2] The contentions are, Respondent-Collector has committed an error of law in observing that first Gramsabha meeting in a given financial year should have been held prior to 30th of 1/2

Urmila Ingale 1-WP-2261-21.doc May of the said year. In my opinion, the statutory mandate is, holding of four meetings in a given financial year, and not that each meeting should be held prior to the expiry of corresponding quarter of that financial year. 3] Prima facie, the contention of learned counsel for the Petitioner Mr.Gaikwad, appears to be holding some substance. As such, issue notice for final disposal, returnable on 09/08/2021.

4] Learned AGP waives service for Respondent nos. 1 & 2. 5] In the meantime, the effect and operation of impugned order dated 11/06/2021 shall remain stayed. " 2.

The term of the Sarpanch was from 2017 to 2022. The term has come to an end. No purpose will be served by keeping this Petition pending any further. The question raised in this Petition is left open.

3.

The Petition is disposed of in terms of interim order dated 28/06/2021 passed by this Court. No order as to costs. (M. S. KARNIK, J.) 2/2