ANILKUMAR TEJLAL SOYAM Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Mr. Hrishikesh Chitaley, learned Counsel for the petitioner and Ms K.P. Marpakwar, learned A.G.P. for respondent nos. 1 and 2. None appeared for respondent nos. 3 and 4 though served.

(2.) The petitioner was compelled to approach this Court to challenge order dtd. 14/1/2025 passed by respondent no.2 - Additional Commissioner, Nagpur Division, Nagpur, in V.P.A. Appeal No. 39(1)/13/2023-24 with an alternative prayer to direct respondent no.1 to decide the appeal within stipulated period, and until such time, to stay the order impugned, viz., order dtd. 14/1/2025. By the impugned order, respondent no.2 was pleased to disqualify the petitioner - Sarpanch under Sec. 39(1) of the Maharashtra Village Panchayats Act, 1959 (for short "Act of 1959"), on the ground that he has misappropriated funds.

(3.) The petitioner filed appeal against the said order on 22/1/2025, which should have been decided within one month in terms of sub-sec. (3) of Sec. 39 of the Act of 1959. The same having been not done, the petitioner approached this Court questioning the legality of the aforesaid order, which, in fact, was the subject matter before respondent no.1.