Rahul Sitaram Jadhav v. The State Of Maharashtra Thr Govt. Pleader And ORS

54.WP.7933-24.DOCX 2024:BHC-AS:8669 Pradnya

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7933 OF 2024 Rahul Sitaram Jadhav

...Petitioner

Versus

The State of Maharashtra and ors.

...Respondents

Mr. Suhas B. Rohile, for the Petitioner.

Ms. S. S. Bhende, AGP, for the Respondent-State.

CORAM

M.S. Sonak & Kamal Khata, JJ.

DATED:

19th June 2024 PC:- 1.

Heard learned counsel for the parties.

2.

Considering the relief applied for and the order which we propose to make, no notice is necessary to Respondent Nos.3 to 5. 3.

The Petitioner has filed a complaint against the 5th Respondent seeking his disqualification as a panchayat member on the ground of non-payment of tax to the Gram Panchayat. 4.

Learned counsel for the Petitioner and learned AGP submit that such complaints are to be disposed of by the District Collector within 60 days. The complaint in this case was filed on 29th November 2023.

19th June 2024

54.WP.7933-24.DOCX 5.

Learned AGP submits that in case such complaint is not already disposed of, then the same would be disposed of expeditiously.

6.

If the complaint is not disposed of even though the statute required, such complaint requires to be disposed of within 60 days, we direct the District Collector to dispose of the same as expeditiously as possible and in any event by 25th July 2024 from the authenticated copy of this order being filed by the Petitioner before him. The District Collector no doubt will have to disposse of this complaint in accordance with law and after granting due opportunity to both the Petitioner as well as 5th Respondent. 7.

We clarify that we have not examined the merits and demerits of the complaint because the same will have to be examined by the District Collector at the first instance.

8.

All contentions of the Petitioner and 5th Respondent are therefore kept open to be determined by the District Collector at the first instance.

9.

With the above directions, this Writ Petition is disposed of. There shall be no orders as to costs.

10.

All concerned to act on an authenticated copy of this order. (Kamal Khata, J) (M.S. Sonak, J) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 20/06/2024 11:05:53 19th June 2024