Vaibhav Ashok Barde v. The Additional Collector, Yavatmal Collector Office, Yavatmal And Others

1 corrected-14-3791-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3791/2024 Vaibhav Ashok Barde Vs.

The Additional Collector, Yavatmal and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.A. Zade, Advocate for petitioner Ms. Shamsi Haidar, AGP for Respondent No.1 Mr. R.S. Kurekar, Advocate for Respondent No.4 CORAM: N.R. BORKAR, J.

DATED : 27th JUNE, 2024 The petitioner, who is a Sarpanch of Grampanchayat Mudana has challenged the order of his disqualification passed by the Additional Collector, Yavatmal in terms of Section 36 of the Maharashtra Village Panchayat Act. The petitioner is disqualified for not convening the monthly meeting for the month of September 2023. According to the petitioner the Secretary of Grampanchayat was on medical leave from 11.08.2023 to 30.09.2023 and because of this he could not convene the meeting for the month of September, 2023. The fact that Secretary of Grampanchayat was on leave for the aforesaid period is not disputed. Prima facie, therefore it cannot be said that petitioner had failed to convene the meeting for the month of September

2 corrected-14-3791-24.odt 2023 without any sufficient cause. Apart from it, other arguable points are raised. Hence 'RULE'. 2.

There shall be interim relief in terms of Corrected as per order in CAW No. 1703/2024 dated 3791/2024 prayer clause (d) during pendency of the present petition.

3.

Ms. Shamsi Haidar, learned Assistant Government Pleader waives notice for respondent No.1.

4.

Mr. R.S. Kurekar, leaned counsel waives notice for respondent No.4.

(N.R. BORKAR, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 02/07/2024 18:54:10