KALAVATI RAJENDRA KOKALE vs STATE OF MAHARASHTRA THR. PRINCIPAL SECRETARY RURAL DEVELOPMENT AND ORS

Judgment text excerpt

Megha 907_wp_14121_2024_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.14121 OF 2024 Kalavati Rajendra Kokale ...Petitioner V/s. 1. State of Maharashtra through Principal Secretary Rural Development Department, Mantralaya, Mumbai. 2. Collector, having office at Hirakot Lake, Police Lande, District- Raigad. 3. Gram Panchayat Ainghar through Gram Sevak, Aainghar, Raigad. 4. Mrs. Archana Sachin Bhosale ...Respondents ______________ Mr. Drupad S. Patil, i/b. Mr. Namitkumar S. Pansare for the Petitioner. Ms. Dhruti Kapadia, AGP for Respondent -State. ______________ CORAM : SANDEEP V. MARNE, J. Judgment reserved on : 22 January 2025. Digitally MEGHA signed by MEGHA SHREEDHAR SHREEDHAR PARAB Judgment pronounced on : 29 January 2025. PARAB Date: 2025.01.29 15:40:22 +0530 Judgment : 1. Petition raises following two broad issues:– Page No. 1 of 22 29 January 2025 Megha 907_wp_14121_2024_fc.docx (i) Whether resignation tendered by Sarpanch would take effect if the same is withdrawn at the time when it is taken up for verification in the Gram Panchayat meeting? (ii) For preventing the resignation to take effect, whether filing of Dispute under the provisions of Section 29(3) of the Maharashtra Village Panchayats Act, 1950 is necessary by a Sarpanch who has already withdrawn the resignation? 2. Petitioner has filed this Petition challenging order dated 7 June 2024 passed by the Collector, Raigad for declaring that a vacancy has occurred on the post of Sarpanch of village Ainghar, Taluka-Roha, District Raigad and appointing returning officer to conduct elections for vacant post of Sarpanch. Petitioner is aggrieved by the action of the Collector in treating that her resignation on the post of Sarpanch has taken effect under the provisio