Sanjay Sakharam Gharat v. The State Of Maharashtra Thr. Gp. And ORS

S.S.Kilaje 33-WP-3892-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3892 OF 2024 Sanjay Sakharam Gharat ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents WITH WRIT PETITION(ST) NO. 16340 OF 2024 Sonali Manoj Choudhari ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents ...............

Mr. Sanjay Patil, Advocate for the Petitioner in WP/3892/2024 Mr. Pranil Sonawane a/w. Mr. Shailesh Karle and Mr. Raj Chourasia, Advocates for Petitioner in WP(St.)/16340/2024 Mr. Y. D. Patil, AGP for State - Respondent Nos. 1 to 3.

CORAM

: R. M. JOSHI, J.

DATED : 30th AUGUST, 2024.

P.C. :

1.

This petition takes exception to the order dated 14.02.2024 passed by the Additional Commissioner, Konkan Division in Appeal No. 500 of 2023 whereby the order passed by Collector dated 08.09.2023 in proceedings No. 11 of 2023 for disqualification of petitioner in W.P.(St.) No. 16430 of 2024, the petitions are filed by member of Panchayat as well as the complainant for being aggrieved by the impugned order. 2.

Heard learned counsel for the parties.

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S.S.Kilaje 33-WP-3892-24.doc 3.

Perusal of the record indicates that there are conflicting documents indicating the place of residence of the member of the Gram Panchayat. As rightly observed by the Appellate Authority that both documents are required to be considered by the Collector before passing of order of disqualification. As such, no fault can be found with the impugned order hence both the petitions stands dismissed. The Collector is directed to decide the proceeding of disqualification in accordance with law within a period of six months. ( R. M. JOSHI, J.) by SONALI SATISH KILAJE Date:

2024.09.02 10:39:13 +0700 SONALI SATISH KILAJE 2/2