Nirmalabai Subhash Patil v. The State Of Maharashtra Through Its Principal Secretary And Others

(1) 45-wp-3566-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3566 OF 2024 NIRMALABAI SUBHASH PATIL

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Mr. Amol Balasaheb Chalak, Advocate for the Petitioner. Mr. P. D. Patil, AGP for Respondents-State.

Mr. Anuj Ajay Fulfagar, Advocate for Respondent Nos.5 to 11. ...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 05th AUGUST, 2024.

P.C.:- 1.

The present writ petition is moved for urgent admission/order by the petitioner on the ground that election to the post of Sarpanch is scheduled on 06.08.2024, as No Confidence Motion is passed against the petitioner and the post of Sarpanch has fallen vacant.

2.

Mr. Chalak, learned Advocate appearing for the petitioner submits that if election to the post of Sarpanch are conducted, writ petition would become infructuous.

3.

The learned Advocate appearing for the respondents points out that prayer for ground of interim relief was considered by this Court on 04.04.2024 and it has been specifically rejected. Therefore, only because election of Sarpanch is scheduled, no indulgence is required at this stage.

4.

Having considered submissions advanced and looking to the controversy in the writ petition, it would be appropriate to direct

(2) 45-wp-3566-2024.odt that election to the post of Sarpanch shall be subject to outcome of this writ petition.

5.

Post writ petition for further consideration on 18.09.2024. (S. G. CHAPALGAONKAR) JUDGE Devendra/August-2024