JYOTI JIWAN DHAKANE Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) RULE made returnable forthwith by consent.

(2.) HEARD learned counsel for the petitioner and learned Assistant Government Pleader for the respondent finally. Petitioner a elected member of Grampanchayat seeks direction to respondent to implement provisions of section 43(2) of the Bombay Village Panchayats Act, 1958. The submission is, Grampanchayat consists of 15 members and on the date of filing of petition, 13 were in office. Post of Sarpancha is lying vacant because of resignation of Sarpancha in March, 2013 and consequently the post earlier occupied by resigning Sarpanch as member was also lying vacant. One more post had become vacant earlier in September/October, 2012.

(3.) LEARNED Assistant Government Pleader relies upon reply affidavit. She points out that attempt to fill in first vacancy of a member reserved for Scheduled Tribe (Woman Category) was made in October, 2012 but as no nominations were filled in, that attempt could not succeed. In March, 2013, a lady candidate elected from Scheduled Caste category and occupying reserved post of Sarpancha also resigned and hence another post of member fell vacant. In the light of orders of Division Bench of this Court in Writ Petition No. 11225 of 2012 dated 3rd December, 2012 at Mumbai, respondent has decided to proceed to fill in vacant post first and thereafter to hold the election for the post of Sarpancha and process is going on.