A writ petition challenging the removal of a Sarpanch under the Bombay Village Panchayat Act was disposed of as dismissed for want of prosecution due to the petitioner's failure to appear and the matter being declared infructuous.
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22-ASWP-7628-2006.DOC
Gitalaxmi
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7628 OF 2006
Mrs. Jayashree Jaywant Adivarekar …Petitioner Versus Zilla Parishad, Sindhudurg & Ors. …Respondents
None present for the Petitioner.
Mr. P. P. Kakade, Govt. Pleader , a/w Mr. O. A. Chandurkar, Addl. G.P. & Mr. A. R. Metkari, AGP, for the Respondents-State.
CORAM Dr. Neela Gokhale, J. DATED: 9th January 2024
PC:-
1. The learned Government Pleader, Appellate Side had circulated a list of old infructuous matters in the Registry so that those matters could be listed and disposed as become infructuous. This petition has been notified as per the said list to have become infructuous.
2. The grievance of the Petitioner in present matter is that she being a lady Sarpanch was removed from the service under Section 39 of the Bombay Village Panchayat Act, 1958 without any enquiry being conducted by the Chief Executive Ofocer and without giving any opportunity to the Petitioner of being heard.
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22-ASWP-7628-2006.DOC
3. Mr. Kakade, learned Government Pleader says that the petition is infructuous as the election was held in the year 2006 and the tenure of Gram Panchayat is over long back.
4. None appears for the Petitioner even today.
5. It appears that though the petition was admitted on 6th December 2007, Petitioner has not taken any step to serve notice on the Respondents. It indicates that the Petitioner is not interested to prosecute the petition.
6. The petition in any case is infructuous. It is thus disposed as dismissed for want of prosecution.
(Dr. Neela Gokhale, J.)
Digitally signed by GITALAXMI GITALAXMI KRISHNA KRISHNA KOTAWADEKAR KOTAWADEKAR Date: 2024.01.10 10:33:45 +0545
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1 provisions across 1 enactments
Mrs. Jayashree Jaywant Adivarekar
Zilla Parishad, Sindhudurg
Dr. Neela Gokhale
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
