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Bombay High CourtWP/14581/2024disposed off

Ashwini Arvind Shirgave v. The State Of Maharashtra Thr. Its Principal Secretary Rural Development Department And ORS

2024-10-18Hon'Ble Justice Sharmila U. Deshmukh2 pages

2024:BHC-AS:41786 503-WP-14581-24.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14581 OF 2024.

Ashwini Arvind Shirgave

...Petitioner.

Versus

The State of Maharashtra Thr. Its Principal Secretary Rural Development Department and Ors.

...Respondents.

------ Mr. Ruturaj Pawar for the Petitioner.

Mr. Drupad Patil a/w. Mr. Dheeraj Patil for the Respondent Nos.6 and 7 . Mr. H. D. Mulla, AGP for the Respondent-State. ------ Coram : Sharmila U. Deshmukh, J.

Date : 18th October, 2024.

P. C. :

1.

Not on board. Mentioned. Taken on board.

2.

The present petition has been filed challenging the order dated 10th October 2024 passed by respondent No.2-Divisional Commissioner, Pune Division upholding removal of appellant as Sarpanch in exercise of powers under Section 39 of the Maharashtra Village Panchayat Act, 1959.

3.

Learned counsel for the appellant submits that appellant has already filed appeal before the State Government. However the same has not yet been taken up for hearing.

rsk 1 of

503-WP-14581-24.doc 4.

Considering that the appeal has already been filed, the appropriate course will be to expedite the hearing of the appeal. 5.

Considering the subject matter of disqualification, the Hon'ble Minister is requested to decide the appeal expeditiously. Hon'ble Minister is requested to list the first date of hearing on 2nd December 2024. Till 2nd December 2024, the impugned order dated 10th October 2024 is stayed. It is thereafter open for the petitioner to seek appropriate relief from the Hon'ble Minister as regards the stay of the proceedings.

6.

Writ Petition is disposed of in the above terms. In view of disposal of petition, Interim/Civil Applications, if any, do not survive for consideration and stand disposed of.

[Sharmila U. Deshmukh, J.] rsk 2 of Signed by: Rajeshwari S. Karve Designation: PA To Honourable Judge Date: 21/10/2024 11:12:20