Bombay High Court
Pramod Shankarao Dongre vs State Of Maharashtra, Thr. Secretary, ... on 28 April, 2023
Bench: A.S. Chandurkar, M. W. Chandwani
1-WP-2850-23.odt 1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH : NAGPUR.
WRIT PETITION NO.2850 of 2023
Pramod Shankarrao Dongre
vs.
The State of Maharashtra through its Secretary, Rural Development, Mumbai, and others.
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Shri N.S.Warulkar, Advocate for petitioner.
CORAM :- A.S.CHANDURKAR AND M. W. CHANDWANI, JJ.
DATE :- 28thAPRIL, 2023 The challenge raised in this writ petition is to the communication dated 12.04.2023 issued by the Deputy Collector and In-charge Officer thereby staying the conduct of by-elections for filling two posts of members of the Gram Panchayat that are become vacant. The impugned communication indicates that in view of the directions issued in Writ Petition No.595 of 2023 ( Mangesh Shamrao Tayade vs. Chandrashekhar Daulatrao Chincholkar and ors.) on 22.02.2023 a request was made by the petitioner therein to stay the said elections and therefore such elections have been stayed. The election programme having been declared by the State Election Commission and there being no direction issued in Writ Petition No.595 of 2023 to stay such election programme, prima facie, we do not find any justification for issuing the impugned communication.
2. Issue notice to the respondents, returnable in four weeks.
3. Ms N. P. Mehta, learned Assistant Government Pleader waives service of notice for the respondent nos. 1 to 5.
4. Considering prima facie case is made out, the impugned communication dated 12.04.2023 shall remain stayed until further orders. The election programme as declared by the State Election Commission shall continue in accordance with law.
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6. The authenticated copy of this order be furnished to the learned counsel for the parties.
(M. W. CHANDWANI, J.) (A.S.CHANDURKAR, J.)
Andurkar.
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