SUMAN KACHRU GARJE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition, the Petitioners have put forth prayer clauses (B), (C), (D) and (E), which read as under :-

(2.) It is informed that, during the pendency of this Writ Petition, the election to the position of 'Upsarpanch' was held on 23/11/2023. This matter, in the light of the above, is rendered of an academic interest. However, the learned Advocate for the Petitioners is under instructions to canvass the cause put forth in this Petition. It is in this premises that, we have considered the prayers in the light of the extensive submissions of the learned Advocate for the Petitioners and the learned A.G.P. on behalf of the State.

(3.) The Petitioners have primarily canvassed two aspects, viz. firstly, that though the Sarpanch may have a right of exercising a 'casting' vote, he does not have the right to cast his first/primary vote, and secondly, the amendment to Sec. 33 (6) of the Maharashtra Village Panchayats Act, 1959 (for short 'the said Act'), without causing any amendment to Sec. 33(2) of the said Act, would indicate that the Sarpanch does not have the right to vote, if he is a directly elected Sarpanch.