1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4346 OF 2009 (Sau. Mandatai Domaji Nikhade vs. Divisional Commissioner, Nagpur & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 05, 2009. Heard Shri Thakare, learned counsel for the petitioner, Shri Khubalkar, learned AGP for respondent No.1 and Shri Kukdey, learned counsel for respondents No. 4 & 5. The limited grievance made by Shri Thakare, learned counsel is that the appeal filed before the Hon’ble Minister is not being expedited. He states that the same should be directed to be decided in time bound manner. Shri Kukdey, learned counsel does not have any objection if the appeal is expedited. Shri Khubalkar, learned AGP states that the appellate authority is not party to the petition. He further states that in present situation until and unless the appellate authority becomes available, the direction to decide the appeal expeditiously cannot be issued. Considering the fact that Respondent No.1 has passed an adverse order against the petitioner which she has questioned before the appellate authority and 2 appeal is pending since 22.09.2009, I find it expedient to direct the Appellate authority to decide the said appeal as early as possible and in any case, within a period of six weeks from the date of communication of this order to it. It is an admitted position that the charge of post of Sarpanch has been taken away from the petitioner. Shri Thakare, learned counsel states that if in the meanwhile fresh elections to the post of Sarpanch are held, situation will become complicated. He, therefore, states that till the appeal is decided, fresh elections to the post of Sarpanch should be stayed. The learned AGP and Shri Kukday, learned counsel are opposing the request. They contend that such a prayer for interim relief should be made before the appellate authority. They also contend that there is no prayer in this respect before this Court. However, considering the facts, it will be appropriate to stay holding of further elections for filling in the vacancy of Sarpanch till the appellate authority decides the appeal. With these directions, writ petition is disposed of accordingly. Certified copy expedited. JUDGE *GS.