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Bombay High CourtWP/3199/2024disposed off

Wardha Zilla Sarpanch Sanghatana Thr. Authorised Signatory And Secretary, Sanjay S. Dhumne v. State Of Maharashtra, Thr. Rural Development Dept., Mumbai Thr. Principal Secretary And Others

2024-06-20Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Shri Justice Abhay J. Mantri2 pages

1 wp3199.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

WRIT PETITION NO. 3199 OF 2024 ( Wardha Zilla Sarpanch Sanghatana ..vs.. State of Maharashtra, through is Principal Secretary, Mumbai and others ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. U.K. Bisen, Counsel for the petitioner, Mr. A.M. Kadukar, AGP for respondent Nos.1, 3 and 4, Mr. D.R. Bhoyar, Counsel for respondent No.5. CORAM : NITIN W. SAMBRE & ABHAY J. MANTRI , J J .

DATED : 20-06-2024 Considering the nature of prayer made in the petition, it is for respondent No.1 to deal with the same in the matter of elections to be held of the various Panchayats in Wardha district.

2.

Though served, respondent No.2 has chosen not to appear in the matter.

3.

The learned Assistant Government Pleader appearing for respondent Nos.1, 3 and 4 is seeking time. 4.

Respondent No.5 has already placed reply on the record.

5.

We have heard Mr. Bhoyar, learned Counsel appearing for respondent No.5 on the prayer for vacation of interim order.

2 wp3199.24 6.

Once the tenure for which the petitioner was elected is already over, there is no statutory right or legal basis for continuation of such elected body in the office to be manned by the elected person or an administrator. 7.

That being so, we vacate the interim relief.

8.

The aforesaid order passed also keeping in mind the issue that already the administrators are appointed. 9.

We grant time of three weeks to the respondents for filing reply not only to the civil application but also to the petition.

10.

Stand over to 18-7-2024.

(ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) adgokar Signed by: MR. P.M. ADGOKAR Designation: PS To Honourable Judge Date: 20/06/2024 18:46:14