1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.2835 OF 2010 1. Siddhaling s/o Sambhappa Todkar, Age 50 years, Occu.Agri., and Social Work at present Member of Grampanchayat, Asardoha, R/o Asardoha, Taluka Dharur, District Beed 2. Shrihari s/o Dyanoba Shinde, Age 46 years, Occu.Agri., and Social work at present Member of Grampanchayat, Asardoha R/o Asardoha, Taluka Dharur, District Beed 3. Radhabai w/o Bapurao Ingle, Age 60 years, Occu.Household and Social Work at present Member of Grampanchayat, Asardoha, R/o Asardoha, Taluka Dharur, District Beed 4. Vijaymala w/o Madhukar Ughade, Age 35 years, Occu.Household and Social Work at present Member of Grampanchayat, Asardoha, R/o Asardoha, Taluka Dharur, District Beed 5. Balbhim s/o Narayan Devkate, Age 46 years, Occu.Agri., and Social Work at present Member of Grampanchayat, Asardoha, R/o Asardoha, Taluka Dharur, District Beed ..PETITIONERS VERUSS 1. The State of Maharashtra, Through Secretary, Rural Development Department, Maharashtra State, Mantralaya, Mumbai 2 2. The Collector, Beed, District Beed 3. The Presiding Officer, Grampanchayat Asardoha, Taluka Dharur, District Beed and Tahsildar, Dharur, Taluka Dharur, District Beed 4. Sita Manna Rathod, Age 30 years, Occu.Social Work R/o Asardoha, Taluka Dharur, District Beed 5. Ravikumar s/o Abasaheb Deshmukh, Age 35 years, Occu.Social work R/o Asardoha, Taluka Dharur, District Beed 6. Anjanabai Vaijnath Godade, Age 27 years, Occu.Social Work, R/o Asardoha, Taluka Dharur, District Beed 7. Vithal Reva Jadhav, Age 45 years, Occu.Social work, R/o Asardoha, Taluka Dharur, District Beed ..RESPONDENTS Mr.N.L.Jadhav, Advocate for petitioners Mrs.A.V.Gondhalekar, Assistant Government Pleader for respondents 1 and 2 Mr.S.T.Shelke and Mr.M.M.Nerlikar, Advocates for respondents 4 to 7 Respondent No.3 served CORAM : P.V. HARDAS AND N.D. DESHPANDE, JJ DATE : 5th August 2010 3 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. Rule. Rule returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. This petition impugns the notice dated 26.3.2008 issued by the Presiding Officer, Grampanchayat, Asardoha, Taluka Dharur, District Beed for convening a meeting for electing the Sarpanch of the said Grampanchayat. The petitioners also pray for directing the respondents to hold the elections of Ward No.1 of Grampanchayat Asardoha to fill up vacant post within one month. 3. In respect of the first prayer, i.e. challenge to the notice, which is issued by the Naib Tahsildar, Mr.Jadhav, learned Counsel for the petitioners states that the aforesaid notice has been issued by the Naib Tahsildar, who under the statute does not have the necessary jurisdiction. Section 33 of the Bombay Village Panchayats Act contemplates that a notice convening a meeting to elect the Sarpanch is to be issued by the Collector. The respondents, in their affidavit in reply have pointed out that the powers of Collector have been delegated to the Additional Collector. What appears to have happened in the present case that the Additional Collector to whom the powers have been delegated further delegated the powers to Tahsildar for issuing 4 the notice and Tahsildar delegated the powers to Naib Tahsildar. A delegatee to whom the powers are delegated under the statute, cannot delegate his powers further to any authorities. In that light of the matter, therefore, this petition deserves to be allowed by quashing and setting aside the impugned notice. 4. Accordingly, this writ petition is allowed to the extent of quashing and setting aside the said notice issued for the purpose of electing the Sarpanch of Grampanchayat, Asardoha, Taluka Dharur, District Beed. Rule made absolute on the above terms with no orders as to costs. ( N.D.DESHPANDE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/2835.10wp)