: 1 : wp-6146-11.sxw mmj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6146 OF 2011 Taher Usmanso Balokhan ..Petitioner Vs. The State of Maharashtra & Ors. ..Respondents Mr.R.V.Bansode for the Petitioner Ms P.S.Cardozo AGP for Respondent State CORAM: S.C.DHARMADHIKARI, J. DATE: AUGUST 8, 2011. P.C.: 1 This Writ Petition challenging the order passed by the Sub-District Election Officer, Solapur dated 21-7-2011, can be disposed of by a short order. 2 The elections to the Agricultural Produce Market Committee, Solapur are proposed and for that purpose the voters list is being prepared. A draft of the voters list was released on 1-6-2011 and objections thereto came to be invited. The objections have been heard and one of the objection is that the name of the Petitioner should be deleted from the voters list because he stands disqualified as a member of the Village Panchayat. That objection has been upheld. 3 The Petitioner has contended before me that he is a member of the Grampanchayat village Hotgi and his term was 5 years. The Petitioner was sought to be disqualified from the membership of the Village : 2 : wp-6146-11.sxw panchayat under Section 14(1)(j-2) of the Bombay Village Panchayat Act, 1958. The Collector issued a notice and subsequently it was brought to his notice by the Petitioner that he has resigned as Chairman of Panchayat Samittee South Solapur. Despite this resignation being brought to his notice, an order was passed by the Collector, according to the Petitioner on 22-6-2011, of disqualifying the Petitioner as member of the Village panchayat. An appeal was preferred against this order and which Appeal is stated to be pending before the Divisional Commissioner. However, the District Election Officer, Solapur who had notified the process of preparation of voters list for the election of the APMC, on an objection raised, has proceeded to delete the name of the Petitioner from the voters list and that is why this Writ Petition. 4 It is argued by Mr. Bansode that the proceedings for disqualifying the Petitioner are still pending. The Commissioner is yet to pass an order on the pending Appeal, in terms of the statutory provision and particularly under Section 16(2) of the Bombay Village Panchayat Act, 1958. The Petitioner cannot be said to be disqualified until a final order in the proceeding has been passed. 5 Ms Cardozo appearing on behalf of the Respondents states that it is true that the Appeal is pending and the Commissioner is yet to pass final orders thereon. 6 In such circumstances, it is not necessary to issue notice calling : 3 : wp-6146-11.sxw upon the Respondent No.7 to show cause why this Writ Petition should not be admitted because interest of justice can be served by directing Divisional Commissioner to dispose of the pending Appeal in terms of the directions of the Division Bench of this Court dated 19-7-2011. The deletion of the Petitioner’s name from the voters list will not take effect till the Commissioner renders his decision on the pending Appeal. All contentions of both sides in so far as pending proceedings before the Commissioner are kept open. No opinion is expressed thereon. 7 The Writ Petition is disposed of in these terms. (S.C.DHARMADHIKARI, J.)