( 1 ) IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2543 OF 2010 1. Anil s/o. Narayan Koli .. Petitioners Age. 38 years, Occ. Agriculture and President of Village Water Supply & Sanitation Committee, Gram Panchayat Utaran (A.H.) Taluka Erandol, District Jalgaon, R/o. At Utran (A.H.) Taluka Erandol, District Jalgaon. 2. Govinda s/o. Ramji Deore Age. 62 years, Occupation – Agriculture and Secretary of Village Water Supply & Sanitation Committee of Gram Panchayat Utaran (A.H.) R/o. Utaran (A.H.) Taluka Erandol, District Jalgaon. Versus 1. The State of Maharashtra .. Respondents Through the Principal Secretary, Water Supply Department, Mantralaya, Mumbai – 400 032. 2. The Chief Executive Officer, Zilla Parishad, Jalgaon, District – Jalgaon. Mr. V.G. Sakolkar, Advocate for the petitioners. Mr. S.K. Tambe, A.G.P. for respondent No.1/State. WITH ( 2 ) WRIT PETITION NO. 3782 OF 2010 1. Balaji s/o. Rajendra Renkuntwar, .. Petitioners Age. 35 years, Occ. Service, 2. Ahylayabai Shivajirao Gopnar, Age. 35 years, Occ. Household, Both R/o. Tagyal, Tq. Mukhed, Dist. Nanded. Versus 1. The State of Maharashtra .. Respondents Through Secretary, Rural Development Department, Mantralaya, Mumbai – 32. 2. The Chief Officer, Zilla Parishad, Nanded. Mr. A.M. Gaikwad, Advocate for the petitioners. Mr. K.G. Patil, A.G.P. for No.1/State. CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATED : 04.10.2010 ORAL JUDGMENT : [ PER B. R. GAVAI, J.] 1. Rule. Rule made returnable forthwith. Heard by consent. 2. All these petitions challenge the Government Resolution dated 18th of November 2009 vide which the ( 3 ) existing Presidents and Secretaries of Water Supply and Sanitation Committee elected by respective Gram Sabhas have been directed to hand over the charge to Sarpanch and Gram Sevak of respective villages. The Government Resolution dated 18th of November 2009 has been issued as a sequel to the Government Resolution dated 12th of August 2009. 3. Vide the Government Resolution dated 3rd of September 2009 the State Government provided for constitution of Committees, to be appointed by the Gram Sabha for implementation of the water supply schemes in the respective villages. The perusal of the said scheme would reveal that the Gram Sabha was given power to elect the members as well as the President, Secretary, Treasurer of the said Committees. However, it appears that vide the subsequent Government Resolution dated 12th of August 2009, the Government had directed that the President and Secretary of such committees only could be Sarpanch and Gram Sevak of the respective villages. Subsequently, vide Government Resolution dated 18th of November 2009 the Government has specifically directed the President and Secretary of such committees to hand over the charge to Sarpanch and Gram Sevak respectively. ( 4 ) 4. The Government Resolution dated 12th of August 2009 was the subject matter of challenge in a bunch of Writ Petition No. 3755/2010 and others before the Nagpur Bench of this Court. The Division Bench of this Court at Nagpur vide the judgment and order dated 24th of August 2010 in the said petitions has set aside the Government Resolution dated 12th of August 2009. In view of the view taken by the Division Bench at Nagpur that the Government Resolution dated 12th of August 2009 is contrary to Section 47 of the Bombay Village Panchayat Act, 1958, the present petitions will have to be allowed as the Government Resolution dated 18th of November 2009 is a sequel to the Government Resolution dated 12th of August 2009. 5. In that view of the matter, rule is made absolute by quashing and setting aside the Government Resolution dated 18th of November 2009. [A.A. SAYED,J.] [B.R. GAVAI,J.] snk/2010/OCT10/wp2543.10