:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2316 OF 2008 Shri Rajendra Shivram Lobhi ..Petitioner Vs. The State of Maharashtra and ors. ..Respondents Mr. Pratap Patil for petitioner. Mr. S.D. Rayrikar, AGP for respondent nos.1 and 2. Mr. C.G. Gavnekar for respondent no.3. Mr. A.R. Pitale for respondent nos.4 and 5. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : June 04, 2008. Date : June 04, 2008. Date : June 04, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Patil the learned counsel for the petitioner, who had submitted a complaint against the Sarpanch and other members of Village Panchayat, Neral, Taluka Karjat, District Raigad i.e. respondent nos.4 and 5. The complaint was enquired into by the Zilla Parishad and a report was submitted to the Divisional Commissioner, Konkan Division, Navi Mumbai who, in turn, by his order dated 4/7/2007 had held :2: that the respondent nos.4 and 5 guilty and thus removed them from the elected office. The respondent nos.4 and 5, therefore, filed an appeal under Section 39A of the Bombay Village Panchayat Act, 1958. The Minister for State for Rural Development by the impugned order dated 31/10/2007 was pleased to allow the appeal partly and remanded the complaint filed by the petitioner for a fresh enquiry by the Chief Executive Officer, Zilla Parishad, Raigad. 2. Mr. Gavnekar the learned counsel for the Zilla Parishad states that the Chief Executive Officer of the Zilla Parishad conducted a fresh enquiry, as directed by the impugned order and has submitted his report on 22/5/2008 to the Divisional Commissioner, Konkan Division, Navi Mumbai and, in fact, a copy of the said report has been shown to the court. It is now for the Divisional Commissioner to consider the said report and pass an appropriate order after hearing all the parties concerned. Undoubtedly, this will have to be done by the Divisional Commissioner within a period of one month from the receipt of the report. :3: 3. The Divisional Commissioner, Konkan Division, Navi Mumbai is, therefore, directed to consider the report and pass the final order on its own merits within a stipulated period of 30 days from the receipt of the report submitted by the Chief Executive Officer, Zilla Parishad, Raigad. 4. The petition is disposed off in terms of the above directions. In the meanwhile, the conditions imposed in the impugned order will continue to operate till the Divisional Commissioner passes the order. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)