1 W.P.No.7110.08 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. WRIT PETITION NO. 7110 OF 2008 WITH CIVIL APPLICATION NO. 3837 OF 2010 Shaikh Kayum Shaikh Shyamad and others ... PETITIONERS V E R S U S The State of Maharashtra and others ... RESPONDENTS ... Mr. B.R.Salve, Advocate holding for Mr.B.V.Thombre,Advocate for Petitioners-Applicants. Mr. V.B.Ghadge,A.G.P. For respondent-State ... CORAM : V.R.KINGAONKAR, J. DATE : 26TH APRIL, 2010. PER COURT : 1] Heard counsel and learned A.G.P. 2] The petitioners are Sarpanch and elected members of village Panchayat of village Demni. They have been aggrieved by the appointment of Administrator vide impugned order dated 17.11.2008. The additional Commissioner was pleased to appoint Administrator in exercise of powers under section 145(1-A) of the Bombay Village Panchyat Act,1958, for the reason that half of the seats were lying vacant, because three members of 2 W.P.No.7110.08 village Panchayat have resigned, whereas one seat is already vacant since beginning. There were seven seats, out of which four were found vacant in view of the above referred facts. 3] It is not necessary to elaborately set out the rival contentions. Suffice it to mention that due to intervening stay orders, the petitioners continued till date to remain in the office as members of the village Panchayat and appointment of Administrator has been, therefore, put off. In view of intervening development, particularly when the term of the elected members of the village Panchyat is likely to come to an end by September, 2010, it would be impracticable to give further extention to the petitioners beyond period of September,2010 nor appointment of the Administrator is required to be immediately effected. In my opinion following order would meet the ends of justice. ORDER (i) Ad-interim Stay granted by this Court on 24th September, 2009 to continue. (ii) The competent Authority to direct afresh elections of the village Panchayat for all seats 3 W.P.No.7110.08 including seats occupied by the petitioners and other four seats. (iii) Afresh election shall be held as per the programme which may be settled in accordance with procedure prescribed under relevant rules. (iv) A copy of the programme shall be placed on record of this petition. (v) The Writ petition is accordingly disposed of with above arrangement to facilitate afresh election. Consequently, the Civil Application No.3837 of 2010 stands disposed of. Sd/- ( V.R.KINGAONKAR, J. ) MTK