- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 6040/2009 Sitaram Bhagwan Shinde & others. ...Petitioners.. Versus The Divisional Commissioner, Aurangabad Division, Aurangabad and others. ...Respondents... ..... Shri R.R. Karpe, Advocate for petitioners. Shri V.B. Ghatge, AGP for respondent no.1. Shri V.R. Sonwalkar, Advocate for respondent no.2. Shri B.K. Pawar, Advocate for respondent no.3. Shri S.N. Rodge, Advocate for respondent nos.4 to 6. ..... CORAM: NARESH H. PATIL, J. DATE: 21.07.2010 - 2 - PER COURT: 1] Heard learned counsel for the parties. 2] The petitioners, who were elected as members of grampanchayat, resigned on the ground that the Sarpanch was not acting in the best interest of the grampanchayat and not taking other members into confidence. In the light of provisions of the Bombay Village Panchayat Act, 1958, it was contended that as the grampanchayat consists of 7 members and out of them 4 tendered their resignations, the panchayat has to be dissolved. The members, who tendered resignations, filed their affidavits also. The matter went up to the Divisional Commissioner’s level. By an order dated 12.8.2009, the Divisional Commissioner, Aurangabad, opined that the panchayat need not be dissolved for the reasons stated by the members, who tendered their resignations. 3] The learned counsel for the parties have disclosed that there are subsequent developments in the matter. The present grampanchayat was elected in the year 2005. The Five Year term of the panchayat is coming to an end within a period of 2/3 months. Fresh elections will have to be declared to constitute the new grampanchayat in accordance with law. 4] I have perused the order passed by the Commissioner. I do not find any serious or glaring error in the view adopted by the Commissioner so as to dissolve - 3 - the panchayat on the ground that out of 7, 4 members resigned. Apart from it, in the light of subsequent development that the regular elections to the grampanchayat would be held shortly, I am of the opinion that the petition is required to be disposed of. The authorities are directed to hold the elections of the grampanchayat in accordance with law no sooner the term of the existing body expires. The writ petition is disposed of. (Naresh H. Patil, J.) ndk/c217107