1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO.5234 OF 2010 (Anita R. Dhurve vs. The State of Maharashtra and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND A.P. BHANGALE, JJ. DATED : JANUARY 19, 2011 Heard Shri Tajne, learned Counsel for the petitioner, Shri Rode, learned Assistant Government Pleader for the respondent no.1 and Shri Kale, learned Counsel for the respondent nos. 2 and 3. Shri Tajne, learned Counsel for the petitioner, states that the petitioner was appointed as Anganwadi Sevika in the year 2006 at Rawala, Taluqa Warud, District Amravati. The petitioner contested election of Panchayat Samiti in the year 2007 and was elected as Member of the Panchayat 2 Samiti, Warud. It is submitted that the State Government has issued Government Resolution dated 5/8/2010 whereby candidate is entitled to hold only one office. So far as petitioner is concerned, proposal has been forwarded by the respondent no.3 to the respondent no.2 for taking decision in the light of the said Government Resolution and the same is pending for decision. Shri Kale, learned Counsel for the respondent nos. 2 and 3, states that decision on the proposal of the petitioner shall be taken in the light of the Government Resolution dated 5/8/2010 after taking into consideration whether the Government Resolution is prospective or retrospective in nature. In the backdrop of the above referred facts, we dispose of the petition with direction to the respondent no.2 to decide the proposal of the petitioner accordingly after giving opportunity of hearing to the petitioner. If the order passed by the respondent no.2 Chief Executive Officer is adverse to the petitioner, same need not be given effect to for 3 a period of two weeks. JUDGE JUDGE khj