Sarojini Raosaheb Bhatkar and Others Vs the State of Maharashtra, through Secretary, Department Mumbai and Others

Mr.S.S.Dhengale, counsel for the petitioners. Mrs. Kalyani Deshpande, AGP for the respondent Nos.1 to 4. None for the respondent Nos.5 and 6. Mr.J.B.Kasat, counsel for the respondent No.7.

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CORAM : SMT. VASANTI A. NAIK & A. S. CHANDURKAR, JJ. DATE : 20.08.2014.

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By this petition, the petitioners seek a direction to the Commissioner and the Collector of Amravati to hold re-election to the post of Sarpanch and Up-sarpanch of Gram Panchayat Shingnapur. In the alternative, the petitioners seek a direction to the respondent No.1 to decide the appeal filed by the respondent No.5 under Section 39(3) of the Bombay Village Panchayats Act.

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Mrs. Deshpande, the learned Assistant Government Pleader appearing on behalf of the respondent Nos.1 to 4, states that it would not be proper on the part of the Collector to hold the re-election, as the appeal filed by the respondent No.5 against his disqualification is pending before the State Government. It is stated that the alternate prayer could however be granted as the respondent No.1 is ready to decide the appeal filed by the respondent No.5 within a reasonable time.

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2/2

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In view of the aforesaid, we dispose of the writ petition with a direction to the respondent No.1 to decide the appeal filed by the respondent No.5 within a period of one month from the date of appearance of the parties before the respondent No.1. The respondent No.1 should issue a notice of hearing to the concerned parties before deciding the appeal.

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Order accordingly. No order as to costs.

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JUDGE JUDGE

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KHUNTE

Sarojini Raosaheb Bhatkar and Others v. the State of Maharashtra, through Secretary, Department Mumbai and Others

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Sarojini Raosaheb Bhatkar and Others v. the State of Maharashtra, through Secretary, Department Mumbai and Others

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