1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A. 9245/08 IN WRIT PETITION NO.4858/2008 (Omprakash Desai & others ..vs..State & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- CORAM : S.R.DONGAONKAR, J. DATE : 30th MARCH , 2009 Heard Shri Mirza, Advocate for the petitioner and Shri Gawande, Advocate for intervenors. Mrs. Wasnik, A.G.P. present for respondent no.1. None for Respondent no.2 & 3 though served. The applicants are claiming to intervene in the matter saying that they are the members who had resigned from the Gram Panchayat along with other five members. They want to contend that the petitioner had misconducted the affairs of the Gram Panchayat and the majority of the Gram Panchayat members i.e. 7 members have resigned. So, the Commissioner had rightly dissolved the said Gram Panchayat. They were heard before the commissioner. In these 2 circumstances, they are allowed to intervene in the matter. However, their right would be only to address the court. Application stands disposed of. 0000 Writ Petition no.4858/2008: Heard counsel for the parties. Mrs. Wasnik, A.G.P. is directed to take note of the submissions of the intervenor as well as the reply filed by the petitioner. Respondent no.1 shall enquire as to how much amount was withdrawn by the petitioner from time to time and also whether they are spent for the purpose for which they were withdrawn. He should submit the report within a period of 15 days. Meanwhile, A.G.P. may take instructions from the Gram Panchayat Office as regards the withdrawal of the amounts, as alleged by the intervenor and its expenditure and make submissions on next date. Till then interim order to continue. Despite telegraphic notice, for respondent no.2 none appeared, so also none appeared for respondent no.3 though served. 3 Matter is to be heard on 1.4.2009. Meanwhile, parties may file compilation of authorities, if they want to rely on any. As regards interim order, petitioners are allowed to make immediate and necessary expenditure of the Gram Panchayat by withdrawing the amounts, subject to the prior permission from the B.D.O. JUDGE SMP