Ku. Durga Raghunath Nagdeve v. State Of Maha., Thr. Secy., Ministry Of Rural Development And Panchayat Raj, Mumbai

(1) 940wp2583.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO.2583/2025 Ku. Durga Raghunath Nagdeve Vs. State of Maharashtra 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. J. S. Mishra, Advocate for petitioner.

Mr. N. S. Autkar, A.G.P. for respondent Nos.1 to 3. Mr. A. V. Wankhede, Advocate for respondent Nos.4 to 10. CORAM :

ANIL L. PANSARE, J.

DATE :

JULY 10, 2025 On 08.05.2025, following order was passed.

"Argument is that the no confidence motion passed against petitioner - Sarpancha has been not ratified by convening the meeting of Gram Panchayat within 15 days in terms of Section 35 (3)(b) of the Maharashtra Village Panchayats Act, 1959.

2.

Issue notice to the respondents, returnable in six weeks.

3.

Issue notice on interim relief as well.

4.

Mr. K. R. Lulay, A.G.P. waives service of notice for respondent Nos. 1 to 3."

2.

Both the respondents are seeking time to file reply. When inquired as to whether Gram Sabha was held within 15 days in terms of Section 35 (3)(b) of the Maharashtra Village Panchayats Act, 1959, learned A.G.P. submits that it was not.

3.

In view thereof, interim relief in terms of prayer clause (iii) is granted, which reads thus:

"iii.

By way of ad - interim orders stay the effect and operation of order of rejection of dispute dated 25.04.2025 passed by Respondent no.2 in dispute no.26/2025 (Annexure - 1), against the petitioner during pendency of the present petition."

4.

Stand over to 29.07.2025.

5.

In the meantime, reply shall be filed, failing which the petition shall proceed without reply.

(Anil L. Pansare, J.) Kahale