KHUSHAL GAJANANRAO VANJARI Vs. BHAGWAN MAHADEO PATWARI
LAWS(BOM)-1972-8-1
HIGH COURT OF BOMBAY
Decided on August 09,1972

KHUSHAL GAJANANRAO VANJARI Appellant
VERSUS
BHAGWAN MAHADEO PATWARI Respondents

JUDGEMENT

- (1.) THE petitioner asked for a writ of mandamus directing the respondent No. 1 to hold the elections of the Gram Panchayats Parsodi, Kharbi and Kondhi forthwith and also for quashing of the order dated 14-7-1972 of the respondent No. 2. The petitioner further asked for directing the respondent No. 2 to include the name of the petitioner in the voters list of the Panchayat Samiti, Shahpur Block.
(2.) THE petitioner is a resident of village Parsodi and also the Sarpanch of the village Panchayat of that place. This village Parsodi along with 10 other villages was included in the Nagpur Revenue District till 30th of April 1970. By a Government Notification dated 30th of April 1970, 10 villages from the Nagpur District including the village Parsodi were transferred to the Bhandara Revenue District. Subsequently by a Notification dated 28-3-1972 the limits of the Nagpur and Bhandara districts as constituted by sub-section (1) of S. 4 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 were re-constituted and the State Government in exercise of the powers conferred on it by Section 254 (1), Clause (a), excluded the villages Lohara, Peotha, Kondhi, Saori, Rajedahegaon, Parsodi, Kharadi, Thana, Kharbi and Chikhali from the Nagpur district and included them in the Bhandara district, the notification being No. ZPA-1070-16559- (1)-P, dated 28-3-1972. Originally, the Panchayats of the three villages Parsodi, Kondhi and Kharbi were included in the Mounda Block which was attached to the Nagpur District. Later on it was transferred to the Bhandara Panchayat Samiti, Bhandara Panchayat Samiti was divided into three electoral divisions viz. , Pahjela, Shahpur and Dhargaon. The three villages Parsodi, Kondhi and Kharbi were included in the Shahpur electoral division and as such the members of these village Panchayats would be entitled to take part in the Panchayats would be entitled to take part in the Panchayat Samiti elections of the Bhandara Panchayat Samiti.
(3.) THE elections of the Bhandara Zilla Parishads were held on 27-5-1972 and the petitioner and other members of the village panchayats of these three villages were the voters for that election and their names were included in the voters' list as the transfer was given effect to by that time.;


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