Priyanka Sandiprao Mote v. Additional Commissioner, Amravati Division, Amravati And Others

wp3979.25.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3979 OF 2025 (Priyanka Sandiprao Mote Vs. Additional Commissioner, Amravati Division, Amravati and others) ---------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

---------------------------------------------------------------------------------------------------------------------------------- Mr. N. A. Gawande, Advocate for Petitioner.

CORAM: PRAFULLA S. KHUBALKAR, J.

DATE: 29 th JULY, 2025.

1.

Heard Advocate Mr. Gawande, learned counsel for petitioner.

2.

The petitioners' primary contention is that without any service of notice of demand upon the petitioner, she is disqualified as Member of the Gram Panchayat only on the ground of non-payment of Gram Panchayat Taxes within a period of three months. Learned counsel for petitioner submits that notice of demand was not served upon the petitioner or her husband and the signature on the alleged acknowledgment is not of the petitioner. He submits that although the signature was seriously disputed by the petitioner, the authorities below have wrongly concluded that the notice was served upon the petitioner. He submits that in view of the earlier order passed by this Court in Writ Petition No.4271/2023 the parties approached to the Additional Commissioner, and the issue of disputed signature was pointed out, even by relying upon the report

wp3979.25.O.odt of handwriting expert which was filed on record. He submits that despite clear dispute about service of notice of demand upon the petitioner, the impugned orders disqualifying the petitioner are passed. It is also stated that the tenure of the Gram Panchayat is not yet completed and the petitioner is entitled to complete the remainder of her term. 3.

In view of this, issue notice to the respondents, returnable after three weeks.

4.

Mrs. Mrunal S. Naik, the learned Assistant Government Pleader waives service of notice on behalf of respondent Nos.1 and 2.

5.

In the meantime, there shall be interim relief in terms of prayer clause (c).

(PRAFULLA S. KHUBALKAR, J.) NSN Signed by: Mr. N.S. Nikhare Designation: PS To Honourable Judge Date: 30/07/2025 17:50:40