Dismissed

Himmatrao S/O. Tulshiramji Aathawale and Another v. State of Maharashtra, Thr. Secretary, the Dept. of Village Development, Mumbai and Others

Bombay HC9 Feb 2021WP/787/2021

Case brief

AI extract

What is this about?

Petitioners sought a direction to decide a pending case against two candidates and stay their election as Sarpanch. The court dismissed the petition, noting proceedings were underway against the candidates, stating a stay cannot be granted as consequences follow if disqualification is proved later.

What the court decided

AI extract

Himmatrao S/O. Tulshiramji Aathawale and Another Vs… — Writ and Judicial Review | Bombay HC (2021)

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0902wp787.21

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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NAGPUR BENCH : NAGPUR

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WRIT PETITION NO.787 OF 2021

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Himmatrao s/o Tulshiramji Aathawale and another

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The State of Maharashtra and others

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Shri A.M. Deshpande, Additional Government Pleader for Respondent Nos.1 to 4.

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Shri N.A. Gawande, Advocate for Respondent Nos.5 and 6.

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CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ. DATE : 9 FEBRUARY 2021

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P.C. :

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The Petitioners have sought a direction to the Respondent No.3 to decide the Village Panchayat Case No.2/2020-21 filed by the Petitioners seeking disqualification of Respondent Nos.5 and 6 and stay to the election to the post of Sarpanch of Village

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2 0902wp787.21

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Panchayat, Jawala Shahapur, Taluq Chandur Bazar, District Amravati.

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Shri Gawande, learned Counsel for the Respondent Nos.5 and 6, states that the first date in the aforesaid proceedings was yesterday. That would mean that the proceedings are already underway. As far as grant of stay to the election to the post of Sarpanch is concerned, in view of the declared position of law, same cannot be granted. In case the Petitioners succeed in their proceedings filed to disqualify Respondent Nos.5 and 6, necessary consequences in law will follow even if the Respondent No.5 or 6 are elected as Sarpanch. Writ Petition is disposed of accordingly.

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(ANIL S. KILOR, J.) (NITIN JAMDAR, J.)

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khj

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Digitally signed Kamal by KamalJeswani Date: Jeswani 2021.02.15 11:56:26 +0530

Himmatrao S/O. Tulshiramji Aathawale and Another v. State of Maharashtra, Thr. Secretary, the Dept. of Village Development, Mumbai and Others

Case brief

What is this about?

What the court decided

Himmatrao S/O. Tulshiramji Aathawale and Another v. State of Maharashtra, Thr. Secretary, the Dept. of Village Development, Mumbai and Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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