Petitioner challenged clause (2) of Chapter II of Maharashtra Ordinance No.XXI of 2018 regarding SARPA discharge. Bench directed District Collector to look into matter on priority and refused interim relief.
Prayer for interim relief refused; matter directed to Collector for priority inquiry.
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.
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WP 388/19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
24 WRIT PETITION NO.388 OF 2019
SHIVGANGA SHANKAR KADAM
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioner : Shri Undre Vikram S
GP for Respondent nos.1 to 5: Shri A.B. Girase with AGP
Shri A.P. Basarkar
Advocate for Respondent no.6 : Shri Kadethankar Ajit B.
CORAM: NARESH H. PATIL, CJ &
V.M. DESHPANDE, J.
DATE: 25.03.2019
PER COURT :
1]Perused the order, annexed at page no.37 of the
petition, passed by the Apex Court and the Ordinance
No.XXI of 2018 dated 11.10.2018, annexed at page no.78.
Clause (8) of the Ordinance refers to “Saving as to
certain disqualifications”. It is submitted that the
petitioner was elected as Sarpanch in August, 2015. It
is further submitted that the petitioner failed to submit
the validity certificate within a period of six months.
The petitioner in fact prays that he be declared as
Sarpanch. The petitioner has challenged clause (2) of
WP 388/19
Chapter II of the Maharashtra Ordinance No.XXI of 2018.
2]Learned Government Pleader would take instructions
in respect of further developments after passing of
Ordinance No.XXI of 2018.
3]In the facts and circumstances of the present case,
we are not inclined to grant any interim relief.
4]The Collector of the concerned District shall look
into the matter on priority basis.
5]S.O. to 8.4.2019.
ndk/ c253191.doc
1 issue framed by the court
Whether the petitioner, elected Sarpanch who failed to submit the validity certificate, should be declared as such under the Maharashtra Ordinance No.XXI of 2018.
SHIVGANGA SHANKAR KADAM
STATE OF MAHARASHTRA
NARESH H. PATIL
V.M. DESHPANDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court