The High Court rejected a writ petition seeking to restrain an election for Sarpanch. The Court held that since the petitioner was disqualified without interim protection, the notice calling the election deserved no interference.
None. The impugned notice was held to deserve no interference and the petition was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2866.2018WP
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.2866 OF 2018
Dharba s/o. Limbaji Chaure,
Age: 60 years, Occu: Business,
R/o. Jawala Bazar, Tq.Aundha Nagnath,
Dist. Hingoli. PETITIONER
VERSUS
1. The State of Maharashtra, Through its Secretary, Rural Development Department, Mantralaya, Mumbai-32.
2. The Collector, Hingoli
3. The Chief Executive Officer, Zilla Parishad, Hingoli.
4. The Extension Officer, Panchayat Samiti, Aundha Nagnath, Tq. Aundha Nagnath, Dist. Hingoli
RESPONDENTS
...
Mr.H.I.Pathan, Advocate for the petitioner
Ms.S.S.Raut, AGP for the Respondent/State
...
CORAM: S.S.SHINDE &
S.M.GAVHANE,JJ.
Date : 16.03.2018
ORDER: (Per S.S.Shinde, J.):
1]Not on board. On mentioning taken on
board.
2866.2018WP
2
2]This Petition under Article 226 of
the Constitution of India takes exception to
the notice dated 12.03.2018 issued by the
Presiding Officer, Jawala Bazar Gram
Panchayat.
3]Learned counsel appearing for the
petitioner submits that by the impugned
notice dated 12th March, 2018, the Presiding
Officer has called special meeting for the
election of the post of Sarpanch of
Grampanchayat Jawala Bazar.
4]Learned counsel appearing for the
petitioner submits that the petitioner has
been held disqualified as member of the
Grampanchayat Jawala Bazar, Taluka Aundha
Nagnath, and his appeal, challenging the
order passed by the Collector, Hingoli, is
pending before the Divisional Commissioner
[Revenue], Aurangabad Division, Aurangabad.
Therefore, he submits that till the said
2866.2018WP
3
appeal is decided, the respondents may be
restrained from conducting the election for
the post of Sarpanch.
5]On the other hand, learned AGP
appearing for the respondent-State submits
that the petitioner has been disqualified by
the order dated 09.03.2018 by respondent
no.2, and at the instance of the petitioner,
the impugned notice deserves no interference.
Therefore, the learned AGP submits that the
Petition may be rejected.
6]We have given careful consideration
to the rival submissions of the learned
counsel appearing for the petitioner and
learned AGP appearing for the respondent-
State. With their able assistance, we have
carefully perused the pleadings, grounds
taken therein, and annexures thereto.
Admittedly, the petitioner is disqualified as
a member of the Grampanchayat Jawala Bazar.
2866.2018WP
4
It is stated by the learned counsel appearing
for the petitioner that his appeal,
challenging the order of disqualifying him as
a member of the Grampanchayat, is under
challenge before the Divisional Commissioner,
Aurangabad Division, Aurangabad, but nothing
is brought to the notice of this Court that
the said Appellate Authority has granted
interim protection in favour of the
petitioner. Therefore, as on today, the
petitioner has no right to assert as a member
of the Gram Panchayat, and therefore, at his
instance the impugned notice cannot be
interfered. The Grampanchayat cannot function
without Sarpanch, and therefore, in our
opinion the impugned notice deserves no
interference. Hence the Writ Petition stands
rejected.
DDC
2 issues framed by the court
Whether a writ petition challenging a notice calling for a Sarpanch election can be allowed when the petitioner is currently disqualified from membership.
Whether the impugned notice deserves interference on behalf of a disqualified member whose appeal is pending.
1 provisions across 1 enactments
Dharba s/o. Limbaji Chaure
The State of Maharashtra
The Collector, Hingoli
The Chief Executive Officer, Zilla Parishad, Hingoli
The Extension Officer, Panchayat Samiti, Aundha Nagnath
S.S. Shinde
S.M. Gavhane
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court