Megha Pramod Deshmukh v. The Additional Commissioner, Amravati Division, Amravati And Others

1 23. WP 4996 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.4996 OF 2025 MEGHA PRAMOD DESHMUKH --- .Vs. --- THE ADDITIONAL COMMISSIONER, AMRAVATI DIVISION, AMRAVATI AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.R. Deshpande and Mr. S.D. Pundkar, Advocate for Petitioner. Ms. P.C. Bawankule, AGP for Respondent Nos.1 & 2-State. Mr. S.D. Chopde, Advocate for Respondent Nos.7 and 8. CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 10th SEPTEMBER 2025 1.

Heard Mr. A.R. Deshpande, learned Advocate for the petitioner.

2.

The petitioner has challenged the order dated 18.08.2025, passed by respondent No.2-The District Collector, Akola and order dated 24.02.2025, passed by respondent No.1-The Additional Commissioner, Amravati Division, Amravati, thereby disqualifying the petitioner from the post of Sarpanch and Member of Gram Panchayat Charangaon, Tq. Patur, Dist. Akola.

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Learned Advocate for the petitioner submits that the impugned order passed by respondent No.2, is primarily relying on the earlier order passed by respondent No.1, in which respondent No.1 has inferred that the petitioner has failed to conduct the monthly meetings on five occasions and observed that the competent authority to pass the orders of disqualification is the Collector. It is submitted that respondent No.1 was not authorized to record inferences and by getting influenced by those inferences, respondent No.2 has mechanically passed the impugned order dated 18.08.2025. In support of these submissions, learned Advocate for the petitioner, has invited attention to the order sheet of the proceedings before respondent No.2.

4.

In view of this, the petitioner has made out a prima facie case.

5.

Issue notice to the respondents, returnable after three weeks.

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Learned AGP waives service of notice on behalf of respondent Nos.1 and 2.

7.

Learned Advocate Mr. S.D. Chopde, waives service of notice on behalf of respondent Nos.7 and 8. 8.

In the meantime, ad-interim relief in terms of prayer clause "B", which reads as under, shall operate. "Grant stay to the effect, operation and implementation of the impugned order 18.08.2025 (Annexure-K) passed by the respondent No.2 i.e. the Collector, Akola in Case No. M.V.P. Act, 1959/Section 36/CHARANGAON/09/2025-26 and order dated 22.04.2025 (Annexure-G) passed by the respondent No.1 i.e. the Additional Commissioner, Amravati Division, Amravati in Case No.182/M.V.P. ACT, 1959/SEC 39(1) / CHARANGAON-PATUR-AKOLA/2023 and petitioner may kindly be continued to work as Sarpanch as before,"

(PRAFULLA S. KHUBALKAR, J.) asd