1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. Writ Petition No. 5979 of 2007 (Vitthal Kanhuji Gurnule Vs. Addl. Commr., Amravati & ors.) Appeal District : Application No. of 200 Writ petition - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's Orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A.V. Gawande, Adv. For the petitioner. Mrs. S.S. Wandile, A.G.P. for R-1 to 3. Mr. S.S. Doifode, Adv. For R- 5 to 8 & 10. CORAM : Smt. Vasanti A. Naik, J. DATE : 6 th October, 2008 By this petition, the petitioner impugns the notice dated 15/12/2007, issued by the Returning Officer calling a meeting of Gram Panchayat, Piwardol, for holding the election to the post of Sarpanch on 21/12/2007. It appears that this Court had, by an order dated 20th December, 2007, stayed the impugned notice dated 15/12/2007. The stay is operational till today. Even otherwise, with the grant of stay by the order dated 20th December, 2007, it was not possible to hold the meeting for electing the Sarpanch on 21/12/2007. Heard the learned counsel for the 2 parties. It is not in dispute that the petitioner has challenged the order passed by the Additional Collector, Yavatmal, on 7/2/2007 before the Additional Commissioner, Amravati under the provisions of Section 35 of the Bombay Village Panchayat Act, 1958. In view of the provisions of the Act, it is necessary for the Additional Commissioner, Amravati to decide the statutory appeal filed by the petitioner within a period of fifteen days. Since the impugned notice dated 15/12/2007 was stayed and the appeal is already filed by the petitioner before the Additional Commissioner, Amravati, it is necessary in the interest of justice to dispose of the writ petition with a direction to the Additional Commissioner, Amravati, to decide the appeal filed by the petitioner on 10/4/2007, in accordance with law, within a period of fifteen days from the date of appearance of the parties before the Additional Commissioner, Amravati. Writ petition is, accordingly, disposed of in the aforesaid terms. The parties undertake to remain present before the 3 Additional Commissioner, Amravati, on 15th October, 2008, so that issuance of notice to the parties could be dispensed with. The respondent nos. 1 to 3 are directed not to conduct any election till the decision of the Additional Commissioner, Amravati, in appeal and in case, it is already conducted, during the pendency of the writ petition, in pursuance of any other notice for holding the election, the result thereof should not be declared till the decision of the Additional Commissioner, in appeal. Steno copy of order be furnished to the learned A.G.P. to act upon. JUDGE RMP