Rupali Prashant Lohar v. Siddharam Revansiddha Birajdar And ORS

7-wp4441-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4441 OF 2025 Rupali Prashant Lohar ... Petitioner V/s.

Siddharam Revansiddha Birajdar & Ors.

... Respondents ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2025.04.07 14:16:50 +0530 Mr. Surel S. Shah, Senior Advocate i/by Anand Vadgaonkar for the petitioner.

Mr. Suhas S. Inamdar for respondent No.1.

Ms. Snehal S. Jadhav, AGP for respondent Nos.2 to 7State.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 7, 2025 P.C.:

1.

Arguable questions are raised. Hence, rule.

2.

Mr. Inamdar, learned Advocates waives notice on behalf of respondent No.1.

3.

Prima facie, it appears that failure to obey directions of Block Development Officer to disburse within two days has primarily been construed to be a misconduct under Section 39 of the Act. On perusal of the record, no material is on record which indicates persistent refusal to follow the order. Save and except one incident, no other incident forms basis of action of removal.

7-wp4441-2025.doc Removal of elected Sarpanch being drastic order, something more than mere failure to comply with the order is necessary. Hence, the petitioner has made out a case for grant of interim relief. 4.

Until further orders, there shall be interim relief in terms of prayer clause (c).

(AMIT BORKAR, J.)