Geeta W/O. Vikas Raysidam v. State Of Maha., Thr. Honble State Minister Ministry Of Rural Development, Mumbai And ORS.

2024:BHC-NAG:9045 1/2 912wp4726.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.4726 OF 2024 (Smt. Geeta w/o Vikas Raysidam .vs. State of Maharashtra 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. V.R. Deshpande, Advocate for the Petitioner, Ms. Prachi Joshi, AGP for Respondent Nos.1 and 2, Mr. Virendra Dhage, Advocate for Respondent No.6 ----------

CORAM

: N.R. BORKAR, J.

DATE : 13/08/2024.

.

This petition takes exception to the order dated 23-07-2024 passed by the respondent no.2-Divisional Commissioner, Nagpur.

By the order impugned, the petitioner came to be removed from the post of Sarpanch in terms of Section 39 of the Maharashtra Village Panchayat Act, 1959. Admittedly, against the order impugned, the petitioner has filed appeal before respondent no.1.

2.

The grievance in the present petition is that respondent no.1 is not taking up the appeal for hearing. 3.

Considering the fact and circumstances, the following order is passed :

2/2 912wp4726.24.odt (i) Respondent No.1-State shall decide the appeal filed by the petitioner within one month from the date of receipt of copy of this order.

(ii) It appears that the charge is already handed over to Up-Sarpanch.

(iii) In that view of the matter, I am not inclined to stay the order impugned in its entirety. However, till the decision of appeal, removal of the petitioner as a Member of Gram Panchayat shall remain stayed.

4.

The petition is disposed of accordingly.

(N.R. BORKAR, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 16/08/2024 13:05:37