Bombay High Court
Laxman S/O Haribhau Rathod vs The Additional Collector (Panchayat), ... on 8 December, 2020
Author: Manish Pitale
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3253 OF 2020
Laxman s/o Haribhau Rathod
Vs.
The Additional Collector (Panchayat), Yavatmal and others
_______________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri R.D. Dhande, Advocate for petitioner.
Mrs. M.A. Barabde, AGP for respondent Nos.1 and 2.
CORAM : MANISH PITALE, J.
DATE : DECEMBER 08, 2020.
Heard learned counsel for the petitioner.
2) The petitioner was elected as Up-Sarpanch and the respondent No.4 was elected as Sarpanch of Grampanchayat, Karanji Road, Tah. Kelapur, District Yevatmal. A motion of no confidence was passed against them on 27.10.2020. The same is subject matter of dispute raised by the petitioner as per Section 35 (3-B) of the Maharashtra Village Panchayats Act, 1959. The dispute is pending before the respondent No.1 - Additional Collector.
3) During the pendency of the dispute, the Collector has issued a direction for conducting the election for the said post. The petitioner had moved an application before the respondent No.1 for stay on said election program on the ground that the same was in the teeth of Section 35(3)of the aforesaid Act. The said stay application was rejected ::: Uploaded on - 08/12/2020 ::: Downloaded on - 09/12/2020 07:44:15 ::: 2 918 wp3253.20.odt on 27.11.2020. Thereafter, on 01.12.2020, a notice has been issued for the meeting to be held on tomorrow i.e. 09.12.2020 for conducting election for the post of Sarpanch and Up-Sarpanch. It is for this reason the petitioner has rushed to this Court challenging the aforesaid impugned order dated 27.11.2020, as well as impugned notice dated 01.12.2020.
4) Learned counsel for the petitioner has invited attention of this Court to Section 35(3) of the aforesaid Act. It is submitted that when dispute raised by the petitioner under Section 35(3-B) of the said Act, is admittedly pending for consideration before the respondent No.1 - Additional Collector, it cannot be said in law that post of Sarpanch and Up-Sarpanch have fallen vacant and that therefore, the impugned order and impugned notice are wholly unsustainable.
5) In view of the statutory provision, it appears that the petitioner has made out a strong, prima facie, case in his favour. Hence, issue notice for final disposal returnable in six weeks.
6) Mrs. M.A. Barabde, learned AGP waives notice for respondent Nos.1 and 2.
7) In the meanwhile, there shall be ad interim stay in terms of prayer clause (iii).
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8) The parties to act upon a copy of the order passed today downloaded from the official website of the High Court. Additionally, the learned A.G.P. may inform the concerned authority about this order.
JUDGE Wagh ::: Uploaded on - 08/12/2020 ::: Downloaded on - 09/12/2020 07:44:15 :::