Sarpanch challenged disqualification order by the Additional Collector for not convening the September 2023 Grampanchayat meeting, citing the Secretary's medical leave. The court found a prima facie sufficient cause and other arguable points, issued rule and granted interim relief.
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1 14-3791-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 3791/2024 Vaibhav Ashok Barde
Vs.
The Additional Collector, Yavatmal and others
Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders
Mr. A.A. Zade, Advocate for petitioner Ms. Shamsi Haidar, AGP for Respondent No.1 Mr. R.S. Kurekar, Advocate for Respondent No.4
CORAM: N.R. BORKAR, J.
DATED : 27th JUNE, 2024
The petitioner, who is a Sarpanch of Grampanchayat Mudana has challenged the order of his disqualification passed by the Additional Collector, Yavatmal in terms of Section 36 of the Maharashtra Village Panchayat Act. The petitioner is disqualified for not convening the monthly meeting for the month of September 2023. According to the petitioner the Secretary of Grampanchayat was on medical leave from 11.08.2023 to 30.09.2023 and because of this he could not convene the meeting for the month of September, 2023. The fact that Secretary of Grampanchayat was on leave for the aforesaid period is not disputed. prima facie, therefore it cannot be said that petitioner had failed to convene the meeting for the month of September
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2023 without any sufficient cause. Apart from it, other arguable points are raised. Hence ‘ RULE’ .
MP Deshpande
Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 28/06/2024 15:24:30
1 issue framed by the court
Whether the Sarpanch was disqualified under Section 36 for failing to convene the September 2023 monthly Grampanchayat meeting without sufficient cause.
1 provisions across 1 enactments
Vaibhav Ashok Barde
The Additional Collector, Yavatmal
Respondent No.4
N.R. Borkar
As recorded by the court registry
10 orders share this CNR
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