1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO.294 OF 2008 in WRIT PETITION NO. 3792 OF 2008 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri R.V.Gore, Advocate, holding for Shri D.H.Jadhavar, Advocate for the petitioner. Shri S.P. Daund, AGP for Respondent Nos. 1 to 3. Shri S.J.Salunke, Advocate, for Respondent No.5. 1. The order dated 31.7.2008 which is said to have been violated is passed in writ petition No.3792 of 2008. Paragraphs 7,8,9 and 10 of the said order read as follows; 2 "7. In the facts of the case, I find that the respondent No.5 Upa-Sarpancha had prima facie failed to establish that he was not having notice of meeting and there was violation of mandatory provisions of law. In this view of the matter, I pass following order. 8. Rule. 9. The impugned order dated 3/04/2008 passed by Divisional Commissioner, Aurangabad in File No. 2007/DB/Desk-2/ZPVP/Appeal-CR/153, is stayed. 10. Hearing expedited." 2. The order dated 3.4.2008 passed by Divisional Commsisioner, Aurangabad, is to the effect that the appeal filed by Respondent No.5 was allowed and the order of the 3 Additional Collector, Osmanabad dated 18.12.2007 so also no confidence motion passed against Respondent No.5 herein in special meeting held on 24.9.2007 is set aside. 3. It is stated in the contempt petition that in spite of the order passed by this court, election for the post of Deputy Sarpanch is not held. It cannot be said that the stay order necessarily implies that the post of Deputy Sarpanch has become vacant and the court directed holding election therefor. In this view of the matter, it cannot be said that prima facie, there is any breach. 4. Hence, contempt petition disposed of. Date:27/07/2009 (P.R.BORKAR, J.) pnd/cp294.08