Ashish S/O Prabhu Pawar v. The State Of Maharashtra, Thr. Secretary, Department Of Rural Development, Mumbai And ORS.

3-WPIN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6564 OF 2024 (Shri Ashish s/o Prabhu Pawar Vs. The State of Maharashtra & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri G.G. Bade, Counsel for the petitioner.

Ms Sneha Dhote, A.G.P. for respondent nos. 1 to 3/State. .....

CORAM : ANIL L. PANSARE, J.

NOVEMBER 1, 2024 On 29/10/2024, following order was passed :

"Heard.

2.

Vide order dated 7-8-2024, the petitioner was appointed as Zonal Officer for discharging election duties of the Legislative Assembly Elections, 2024. He has been transferred from District Buldhana to District Yavatmal vide Government Order dated 25-92024. The transfer order was challenged before the Maharashtra Administrative Tribunal, Nagpur Bench, Nagpur. The Tribunal vide order dated 23-10-2024 dismissed the application filed by applicant on the ground that for smooth and fair election, the Government has transferred the petitioner in terms of Clause - III of the guidelines issued by the Election Commission of India.

3.

Learned counsel for the petitioner has invited my attention to Clause 6(iii) of the guidelines, which provides that the officers appointed as Sector Officer involved in election duties are not covered under the aforesaid guidelines.

4.

Thus, prima facie it appears that effect of Clause 6(iii) has been not considered by the Maharashtra Administrative Tribunal.

5.

Issue notice, returnable on 1-11-2024.

6.

Learned Assistant Government Pleader Ms. Sneha Dhote waives notice on behalf of

3-WPrespondent nos. 1 to 3. Learned Assistant Government Pleader shall take instructions.

7.

List on 1-11-2024.

8.

Till then, the order impugned shall stand stayed.

9.

All concerned to act on steno copy."

2] The learned A.G.P. submits that she is awaiting instructions and seeks time. Time is granted. 3] Stand over to 12/11/2024.

4] Interim relief to continue till next date.

5] All parties to act on authenticated copy.

(ANIL L. PANSARE, J.) Sumit Signed by: Mr. Sumit Agrawal Designation: PA To Honourable Judge Date: 05/11/2024 15:04:16