FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL WRIT PETITION NO.2360 OF 2009 CIVIL WRIT PETITION NO.2360 OF 2009 CIVIL WRIT PETITION NO.2360 OF 2009 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr J.D.Khairnar, for the petitioner. Mr Nitin Deshpande, for respondent no.6. Mrs Jyoti Pawar, AGP, for respondent no.7. CORAM: S.B.MHASE & D.B.BHOSALE,JJ. CORAM: S.B.MHASE & D.B.BHOSALE,JJ. CORAM: S.B.MHASE & D.B.BHOSALE,JJ. DATED: 16.02.2009 DATED: 16.02.2009 DATED: 16.02.2009 P.C.: P.C.: P.C.: Heard learned counsel for the parties. A question involved in this petition is whether respondent nos.1 to 3 are disqualified since they have failed to attend the three consecutive meetings of the Gram Panchayat. Such question cannot be decided directly by this Court. However, such question can be decided under sub-section (2) of Section 40 of the Bombay Village Panchayats Act,1958 (for short, "the Act") by the President of the concerned Zilla Parishad. The petitioner, therefore, should apply to the President, Zilla Parishad,Pune. If such an application is preferred, then the President, Zilla Parishad, Pune is under an obligation to decide it within a period of sixty days and the aggrieved person, by the decision of the President, Zilla Parishad, may file an appeal to the State Government thereafter within the period prescribed under the Act. This provision has been overlooked by the learned counsel for the petitioner. We repeatedly asked him whether the petitioner had filed an application before the President, Zilla Parishad. The learned counsel for the petitioner invited our attention to Exhibit-A to the petition. However, Exhibit-A to the petition is addressed to the Block Development Officer, Panchayat Samittee, Khed, and not to the President, Zilla Parishad, Pune. Under these circumstances, we refrain to entertain this petition. However, if within a period of one week from today the petitioner prefers an application to the President, Zilla Parishad, he shall decide such application after giving hearing to all concerned, who are likely to be affected as provided under sub-section (2) of Section 40 of the Bombay village Panchayats Act. The President shall decide the matter after having heard arguments advanced and answer the arguments by a speaking order. All this exercise shall be completed within the statutory period provided therein. If the petitioner fails to make an application within the time, referred to above, thereafter, the application may not be entertained. We have not made any observation on merit and the President, Zilla Parishad, Pune shall independently decide the matter on its own merit after hearing the parties. This direction should not also preclude holding of elections of the Gram Panchayat or Sarpanch. With these observations, the petition is dismissed. (D.B.BHOSALE,J.) (S.B.MHASE,J.) (D.B.BHOSALE,J.) (S.B.MHASE,J.) (D.B.BHOSALE,J.) (S.B.MHASE,J.)