Bombay High Court
Shri Shahu Appasaheb Kachare And Ors vs Tahsildar Barshi Solapur And Ors on 3 August, 2021
Bench: S.J. Kathawalla, Milind N. Jadhav
15. civil wp 2194-21 ia 1406-21 & wp 3631-21.doc
R.M. AMBERKAR
(Private Secretary)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2194 OF 2021
WITH
INTERIM APPLICATION NO. 1406 OF 2021
Shahu Appasaheb Kachare & Ors. .. Petitioners
Versus
Tahsildar, Tal. Barshi, Dist. Solapur & Ors. .. Respondents
WITH
WRIT PETITION NO. 3631 OF 2021
Prakash Hanumant Badgude .. Petitioner
Versus
State of Maharashtra .. Respondent
...................
Mr. A.V. Anturkar, Senior Advocate a/w Mr. A.B. Tajane for the
Petitioners in WP 2194/21
Mr. P.S. Dani, Senior Advocate a/w Mr. V.S. Deokar for the
Petitioner in WP 3631/21
Mr. Sachindra B. Shetye a/w Ms. Priyanka H. Chavan for
Respondent No. 4 - State Election Commission
Mrs. M.P. Thakur, AGP for the State
...................
CORAM : S.J. KATHAWALLA &
MILIND N. JADHAV, JJ.
DATE : AUGUST 03, 2021.
P.C.:
The order passed on 20th July, 2021 is reproduced hereunder :-
"1. On 6th July, 2021, this Court passed the following Order :
" Liberty is granted to the Petitioners to amend the Writ Petition. Amendment to be carried out within a period of two weeks from today.
2. If the Election for the post of Sarpanch is held, the same shall be subject to the further orders passed by this Court.
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15. civil wp 2194-21 ia 1406-21 & wp 3631-21.doc
3. Stand over to 20th July, 2021".
2. Though the contents of the above Order are clear, we are informed that the election was not held as scheduled on the ground that the order was not clear.
3. The learned Advocate appearing for the Petitioners has sought time on the ground that Shri Anil Anturkar, Senior Advocate is in personal difficulty. In view thereof, stand over to 3rd August, 2021.
4. It is once again clarified that if the election to the post of Sarpanch is held before the adjourned date, the same shall be subject to the further orders passed by this Court."
2. Today the learned AGP has handed over a copy of the letter dated 20.07.2021 addressed by her to the Collector, Solapur as well as Tahsildar, Taluka Barshi, District Solapur which reads thus:-
"Sirs The above mentioned Writ Petition appeared before Their Lordships Mr. Justice S.J. Kathawalla and Mr. Justice Milind Jadhav, today i.e on 20.7.2021 at Sr. No. 11 on Video Conferencing. At the time of arguments, the Advocate appearing for private Respondent stated that inspite of the Order passed by the Hon'ble Court on 6th July, 2021, an election of Sarpanch on the vacant post is not yet done. He also stated that, concerned Officers are not clear whether pursuant to the Order passed by this Hon'ble Court dated 6th July, 2021, whether election of Sarpanch can be really made.
You are hereby requested to go through the Order dated 6th July, 2021, specifically Para No. 2, that election of Sarpanch shall be subject to the outcome of the Petition. You are therefore through this letter called upon to immediately implement the Order passed by the Hon'ble Court dated 6th July, 2021 and proceed with the election of Sarpanch on vacant post. The matter is adjourned on 3.8.2021. A copy of the Order dated 6th July, 2021 and 20th July 2021 are enclosed herewith."
3. Learned AGP states that she is surprised that the Collector, Solapur and Tahsildar, Taluka Barshi, District Solapur have not taken action despite receipt of her above letter.
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15. civil wp 2194-21 ia 1406-21 & wp 3631-21.doc
4. The Collector, Solapur as well as Tahsildar, Taluka Barshi shall therefore appear before this Court through video conferencing tomorrow i.e on 4th August, 2021. To be placed First on Board.
[ MILIND N. JADHAV, J. ] [ S. J. KATHAWALLA, J. ] Digitally signed by RAVINDRA RAVINDRA MOHAN MOHAN AMBERKAR AMBERKAR Date:
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