1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4526 OF 2009 Laximan s/o Kashinath Garud, Age: 66 years, Occ: Agril., R/o. Mategaon, Tal. Georai, District Beed, and another. .. Petitioners Versus The State of Maharashtra, Through Secretary of Village Development Department, Mantralaya, Mumbai and others. .. Respondents ... Mr. A.B. Karande, Advocate, for petitioners. Mrs. S.S. Autade,A.G.P. for respondents 1 to 4. Mr. M.R. Choudhari,Advocate for respondent No.5. Mr. S.T. Shelke, Advocate for respondent No.6. ... CORAM : K.K. TATED, J. DATE : 13TH AUGUST, 2009. PER COURT : 1. Rule. Rule made returnable forthwith. Heard by consent. 2. By this petition under Article 227 of the 2 Constitution of India, the petitioners are challenging the order08-07-2009 passed by the Additional Commissioner, Aurangabad Division, Aurangabad in Appeal/CR/316/2009. 3. This Court, by order dated 16-07-2009 granted ad-interim relief in terms of prayer clause-D, which reads as under. "(D) Pending hearing and final disposal of present Writ Petition implementation, execution and operation of the impugned Judgment and order dated 8/7/2009 in Appeal No. 316/2008 may kindly be stayed.", It was made clear that though the elections will proceed in accordance with the schedule, the same shall be subject to the result of the petition. 4. Learned Counsel appearing on behalf of the parties state that till today, fresh election programme is not declared. In view of this 3 fact and as the appeal preferred by respondent No. 5 on 01-08-2008 under Section 16 of the Bombay Village Panchayat Act, 1958 is pending with Additional Commissioner, Aurangabad Division, Aurangabad, the Appellate Authority is directed to decide the said appeal within six weeks from the date of communication of this order. 5. In view of this, Writ Petition is disposed of accordingly. Rule made absolute in above terms. [ K.K. TATED, J.] sut/AUG09/wp4526.09