LAWS(BOM)-2018-7-51

KAVERI W/O HANUMANT BORGE Vs. STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY, RURAL DEVELOPMENT DEPARTMENT, MANTRALAYA, MUMBAI

Decided On July 06, 2018
Kaveri W/O Hanumant Borge Appellant
V/S
State Of Maharashtra Through Its Principal Secretary, Rural Development Department, Mantralaya, Mumbai Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith and heard finally by the consent of the parties.

(2.) By this petition, the Petitioner prays that the impugned order dated 21.11.2017 passed by the District Collector, Beed be quashed and set aside. The Petitioner has been removed as a member of the Gram Panchayat as well as Sarpanch of Village Gram Panchayat, Babhalkhunta under Section 13A of the Maharashtra Village Panchayats Act, for having failed to resign as per Rule 41A of the Maharashtra Gram Panchayat Election Rules, 1959.

(3.) The Petitioner was elected as a member of the Babhalkhunta Gram Panchayat on 09.10.2017 after the polling took place on 07.10.2017. She also contested the elections to the position of a Sarpanch since the said position was to be directly filled in by elections held on 07.10.2017 under Section 30(1A) of the Maharashtra Village Panchayats Act. She was elected as a Sarpanch on 09.10.2017.