Santosh Alias Kumar Namdev Gaikwad v. The State Of Maharashra Thro. The Secreary Rural Dept.

45 wp 1490 of 2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1490 OF 2026 Santosh @ Kumar Namdev Gaikwad ...

Petitioner versus The State of Maharashtra and Ors.

...

Respondents Mr. Laxman S. Deshmukh, for Petitioner.

Mr. A.C.Bhadang, AGP for State.

CORAM: N.J.JAMADAR, J.

DATE :

2 FEBRUARY 2026 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

The challenge in this Petition is to an order dated 3 December 2025 passed by the Additional Commissioner, Pune Division, Pune, whereby the Petitioner has been removed from the post of Sarpanch and Member of Walchandnagar Village Panchayat, Indapur, Pune. Digitally signed by SWAROOP SHARAD PHADKE Date:

2026.02.03 16:12:37 +0530 SWAROOP SHARAD PHADKE 3.

Being aggrieved, the Petitioner has preferred an appeal under Section 39 of the Maharashtra Village Panchayat Act, 1958 before the State Government. The grievance of the Petitioner is that the appeal preferred by the Petitioner was not heard. Even the application for stay to the execution and operation of the order of removal passed by the Divisional Commissioner was not heard, and, in the meanwhile, the election to the post of Sarpanch was held and a new Sarpanch has been appointed. 4.

The apprehension of the Petitioner is that, since the term of the village SSP 1/2

45 wp 1490 of 2026.doc panchayat is to expire on 9 February 2026, the impugned order will be an impediment if the petitioner again contests the election in the ensuing Village Panchayat elections.

5.

Learned AGP submits that the apprehension is misplaced, as the Petitioner has been removed from the post of Sarpanch and member for the remainder of the term of the Village Panchayat. 6.

Prima facie, it appears that the impugned order does not operate as a disqualification for the election of the Petitioner, for the future term. 7.

In these circumstances, the Writ Petition stands disposed with a direction to the State Government to hear and decide the appeal preferred by the Petitioner as expeditiously as possible and, preferably, within a period of ten weeks from 16 February 2026.

( N.J.JAMADAR, J. ) SSP 2/2