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2015 DIGILAW 1623 (BOM)

Pandhari v. State of Maharashtra

2015-07-17

P.R.BORA, R.M.BORDE

body2015
JUDGMENT : R.M. Borde, J. 1. Heard. Rule. Rule made returnable and heard forthwith with the consent of learned Counsel for the parties. The petitioner is seeking a direction to the Collector to postpone the first meeting of the Village Panchayat, Gondegaon, scheduled to be held on 19.7.2015 for holding elections of Sarpanch and Upa Sarpanch. 2. It is informed that the term of the earlier body of the Village Panchayat comes to an end on 18.7.2015, and as such, a meeting for electing Sarpanch and Upa Sarpanch is prescribed on 19.7.2015. It is not a matter of dispute that the general elections for electing seven members of the Village Panchayat was held and the results were declared on 22.4.2015. While conducting the general elections, two seats were left out and the elections for filling up two vacancies of member were not conducted simultaneously and, as such, the bye-election is required to be held for electing two members of the Village Panchayat. The total strength of the Village Panchayat is nine members. 3. The petitioners contend that recording of votes for electing two members of the Village Panchayat is prescribed on 25.7.2015 whereas the first meeting of the Village Panchayat and the programme for electing Sarpanch and Upa Sarpanch is scheduled on 19.7.2015. If the elections of Sarpanch and Upa Sarpanch are allowed to proceed as per the programme, the two elected members, who are likely to be inducted on 27th of July, 2015, would be deprived of their right to participate in the process of election of Sarpanch and Upa Sarpanch. It is not a matter of dispute that inspite of holding the elections for electing seven members of the Village Panchayat since 22nd April, 2015, the old body is continued in the Office and the Sarpanch and Upa Sarpanch who were elected during earlier tenure are looking after the affairs of the Village Panchayat. After cessation of tenure of the earlier elected body on 18.7.2015, till the date of election of the Sarpanch and Upa Sarpanch, it is desirable that an Administrator, who shall be an official of the State Government, will look after the affairs of the Village Panchayat. Considering the facts and circumstances of this case, we direct respondent No. 2 Collector to postpone the meeting prescribed on 19.7.2015 for holding elections of Sarpanch and Upa Sarpanch of Village Panchayat Gondegaon, taluka and district Latur. Considering the facts and circumstances of this case, we direct respondent No. 2 Collector to postpone the meeting prescribed on 19.7.2015 for holding elections of Sarpanch and Upa Sarpanch of Village Panchayat Gondegaon, taluka and district Latur. The first meeting shall be convened of the elected body of the Village Panchayat and election of Sarpanch and Upa Sarpanch shall be prescribed within a period of four weeks from today. With the directions as above, the writ petition stands disposed of. Parties to Act upon authenticated copy of this order. Rule made absolute accordingly.