Priti W/O. Manoj Bundile v. Honble Minister, Rural Development, Mumbai And ORS.

1 wp 2331.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 2331 of 2025 [Priti w/o Manoj Bundile ..vs.. Hon'ble Minister, Rural Development, Mantralaya, Mumbai and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. N. A. Gawande, Advocate for petitioner Mr. K. R. Lule, AGP for the State Ms. A. R. Sharma, Advocate h/f Mr. P. R. Agrawal, Advocate for caveator/respondent no. 5 CORAM : ANIL L. PANSARE J.

DATED : 29-04-2025 Heard.

Learned counsel for respondent no. 5 tendered across the bar affidavit of reply. Same is taken on record. The petitioner has been disqualified under Section 39(1) of the Maharashtra Village Panchayats Act, 1959 with the allegation that her husband was caught raid handed while accepting bribe of Rs. 4,000/-. The bribe was allegedly accepted for issuing no due certificate to one Rambhau. With the assistance of counsels of both the sides, I have gone through the material placed before me to find that there is absolutely nothing in the First Information Report or panchanama or any other document to indicate that the petitioner's husband acted at the behest of the petitioner. Despite such status, the authorities below viz. respondent nos. 1 and 2 have held that the petitioner is guilty of misconduct and/or disgraceful conduct.

Issue notice, returnable on 11-6-2025.

In the meantime, there shall be stay to the impugned order dated 12-3-2025 (Annexure O) passed by

2 wp 2331.2025.odt respondent no. 1. Needless to say that the order passed by respondent no. 2 shall stand stayed having merged into order passed by respondent no. 1.

Learned Assistant Government Pleader waives notice for respondent nos. 1 and 2 and learned counsel Ms. A. R. Sharma waives notice for caveator - respondent no. 5. The petitioner shall comply with practice note no. 14 of the Bombay High Court Appellate Side Rules, 1960; particularly Clause (5) thereof.

(Anil L. Pansare, J.) wasnik Signed by: Mr. A. Y. Wasnik Designation: PS To Honourable Judge Date: 29/04/2025 17:41:03