Dattatray vs. The State Of Maharashtra

ITEM NO.22 Court 3 (Video Conferencing) SECTION IX S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (C) No(s). 20160/2021 (Arising out of impugned final judgment and order dated 04-12-2021 in WP No. 12576/2021 passed by the High Court Of Judicature At Bombay At Aurangabad) DEEPAK SHIVRAM PATHARE Petitioner(s) VERSUS THE STATE OF MAHARASHTRA & ORS. Respondent(s) (FOR ADMISSION and I.R. and IA No.159686/2021-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.159687/2021-EXEMPTION FROM FILING O.T. ) Date : 13-12-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Ms. Meenakshi Arora, Sr Adv. Mr. K. Parameshwar, Adv. Mr. Swapnil Bhimrao Kakad, Adv. Mr. Rahul Joshi, AOR For Respondent(s) Mr. Siddhartha Dave, Sr. Adv. Mr. Ajit Kaleadv, Adv. Mr. Ravindra Adsure, Adv. Mr. Anand Dilip Landge, AOR State Election Mr. Ajit B. Kadethankar, Adv. Commission UPON hearing the counsel the Court made the following

O R D E R

Despite the unambiguous and peremptory

decision of three-Judge Bench of this Court in Vikas Kishanrao Gawali vs. State of Maharashtra & Ors. decided on 4.3.2021, reported in (2021) 6 SCC 73, following the dictum of the Constitution

Digitally signed by NEETU KHAJURIA Date: 2021.12.14 20:15:33 IST Reason:

Signature Not Verified

Bench of this Court, the Collector, Ahmednagar, Maharashtra, after passing an order of disqualification, initiated the election process on 22.11.2021 to fill in the vacancy for OBC seat for the post of Chairperson of the Shrirampur Panchayat Samiti. This is clearly in the teeth of the said pronouncement.

Accordingly, issue notice to the Collector, Ahmednagar as to why appropriate action should not be taken against him in that regard; and also to the respondents in the Special Leave Petition, returnable on 05.01.2022.

Dasti, in addition, is permitted.

Mr. Anand Dilip Landge, learned counsel appearing on caveat, waives notice for respondent No.7.

Mr. Ajit B. Kadethankar, learned counsel waives notice for Maharashtra State Election Commission.

In the meantime, the incumbent Chairperson, elected as OBC candidate, shall not participate in taking any policy decision in connection with the Panchayat Samiti.

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A copy of this order be forwarded forthwith to the Collector, Ahmednagar, Maharashtra through email for information and necessary action.

(NEETU KHAJURIA) (VIDYA NEGI) COURT MASTER COURT MASTER