1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Letters Patent Appeal No.373 of 2009 In Writ petition No.700 of 2009 (D) (Meerabai Shankar Gajbhe v. Suman w/o Parmeshwar Rangari and others) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order S/Shri P.C. Madkholkar and K.V. Deshmukh, Advocates for Appellant. Shri S.W. Sambre, Advocate for Respondent No.1. Shri D.B. Yengal, AGP for Respondent Nos.2 and 3. Shri A.P. Thakre, Advocate for Respondent No.4. Coram : A.H. Joshi and A.R. Joshi, JJ. Dated : 26 th November, 2009 1. This Letters Patent Appeal arises out of the judgment and order passed in Writ Petition No.700 of 2009. 2. Admittedly, the appellant was not the party to the said writ petition. 3. The appellant came to be elected as Sarpanch because of the vacancy which occurred due to removal of respondent No.1. 4. Admittedly, the appellant is not the complainant because of whom the proceedings of disqualification of respondent No.1 2 had commenced. The order of disqualification being set aside, respondent No.1 would be relegated back to her position, which in turn has resulted in vacation of office by the appellant. 5. What has fallen to the share of the appellant is the fortuitous, which he has to loose, as the respondent No.1 shall be restored. The appellant has no cause of action to litigate. The impugned order does not prejudice him in any manner. Petition is, therefore, dismissed. 6. Interim order shall remain in operation for fifteen days from today. Judge. Judge. pdl