Tukaram Barku Tambade and Anr. vs the Chief Executive Officer Zilla Parishad and Ors. — Bombay HC (2026) — LawSathi Research

Tukaram Barku Tambade and Anr. vs the Chief Executive Officer Zilla Parishad and Ors. — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to the State Government to take up the statutory appeal for hearing on 6 April 2026, and to the Appellate Authority to hear and decide the appeal, after providing opportunity of hearing to all parties, on or before 8 April 2026; Petitioner to appear before the Appellate Authority on 6 April 2026 at 11:00 a.m.; further election action to depend on the outcome of the appeal; all concerned to act on an authenticated copy of the order.

Issue for consideration

Whether the pending statutory appeal (Section 39(3)) against the removal of the Petitioners should be heard and decided expeditiously by the State Government, in any event before the last date for filling in nomination forms for the forthcoming byelection.

Ratio / Principle

Petition disposed with a direction to the State Government to take up the statutory appeal for hearing on 6 April 2026; the Petitioner shall appear before the Appellate Authority on that day at 11:00 a.m.

Key takeaways

The Appellate Authority shall hear and decide the appeal, after providing an opportunity of hearing to all the parties, on or before 8 April 2026, positively.ratio¶24
Clarification that, depending upon the outcome of the appeal, the Authorities shall take further action in regard to the election to the post of Member/Sarpanch of village Wadholi.obiter¶25

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Civil Appellate Jurisdiction), Writ Petition No. 4152 of 2026, N. J. Jamadar, J., disposed on 02 April 2026: Petitioners Nos. 1 and 2, removed from the posts of Sarpanch and Member respectively of village panchayat Wadholi, Tal. Trymbakeshwar, Dist. Nashik, by the Divisional Commissioner, Nashik's order dated 20 September 2024 under Section 39(1) of the Maharashtra Village Panchayat Act, 1958, had preferred an appeal under Section 39(3) pending before the State Government. With the State Election Commission having declared the byelection programme on 17 March 2026 (nomination filings to commence 7 April 2026), and noting the statutory mandate that the appeal be decided within one month, the Court disposed of the petition directing the State Government to take up the appeal for hearing on 6 April 2026 and the Appellate Authority to hear and decide it, after giving opportunity of hearing to all parties, on or before 8 April 2026, further election action depending on the appeal's outcome.

904-WP-4152-2026.DOC

Ajit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 4152 OF 2026

Tukaram Barku Tambade And Anr. ...Petitioners Versus

The Chief Executive Officer Zilla Parishad And Ors.

...Respondents

Mr. Sachin Gite a/w Sarfaraj Shaikh, for the Petitioners. Ms. Pooja Patil, AGP, for Respondent Nos. 2, 3 and 5.

CORAM: N. J. JAMADAR, J. DATE : 02^nd APRIL 2026

P.C.:

Heard the learned counsel for the Petitioners and the learned

AGP for Respondent Nos.2, 3 and 5.

The Petitioner Nos. 1 and 2 were removed from the post of Sarpanch and Member, respectively, of the village panchayat, Wadholi, Tal. Trymbakeshwar, Dist. Nashik, by an order dated 20^th September 2024 passed by Respondent No.2-Divisional Commissioner, Nashik under the provisions of Section 39(1) of the Maharashtra Village Panchayat Act, 1958.

The Petitioners have preferred an appeal before the State Government under Section 39(3) of the said Act. The appeal is subjudice before the State Government.

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904-WP-4152-2026.DOC

In the meanwhile, by an order dated 17^th March 2026, the State Election Commission has declared the election programme for the byelection to the posts of Member and directly elected Sarpanch of the Village panchayats. The period of filing nomination forms is scheduled to commence from 7^th April 2026. The Petitioners are thus constrained to approach this Court.

The learned AGP, on instructions, submits that the appeal was listed before the Minister for Rural Development yesterday. However, as the Minister was indisposed, the appeal could not be taken up for hearing. It is further submitted that the State Government would take up the appeal for hearing on 6^th April 2026.

Since the Petitioners have filed the statutory appeal under Section 39(3) of the said Act and as the statute mandates that the said appeal be decided within a period of one month, it would be expedient that the said appeal is decided expeditiously, and, in any event, before the last date for filling in the nomination forms.

The petition thus stands disposed with a direction to the State Government to take up the appeal for hearing on 6^th April 2026. The Petitioner shall appear before the Appellate Authority on the 6^th April 2026 at 11:00 a.m.

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904-WP-4152-2026.DOC

The Appellate Authority shall hear and decide the appeal, after providing an opportunity of hearing to all the parties, on or before 8^th April 2026, positively.

Needless to clarify that, depending upon the outcome of the appeal, the Authorities shall take further action in regard to the election to the post of Member/Sarpanch of the village Wadholi, Tal. Trymbakeshwar, Dist. Nashik.

The petition stands disposed.

All concerned to act on an authenticated copy of this order.

[N. J. JAMADAR, J.]

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