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2021 Supreme(Bom) 981

S.S.SHINDE, M.S.KARNIK
Durgeshwari Rajesh Kale – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
V.D. Salunke, Advocate, A.A. Kumbhakoni, Advocate, P.P. Kakade, Advocate, Akshay Shinde, Advocate, Nisha Mehra, Advocate, Ajit Kadethankar, Advocate, Balaji Yenge, Advocate, S.S. Thombre, Advocate, P.P. Kakde, Advocate, Anant Thotange, Advocate, Vaibhav D Kadam, Advocate, Pramod C Mayure, Advocate, Ravindra Gore, Advocate

JUDGMENT

1. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel appearing for the parties.

2. By these Petitions under Article 226 of the Constitution of India, the petitioners are challenging Maharashtra Ordinance No. X of 2020 dated 25/06/2020; Government Resolution (for short 'GR') dated 13/07/2020 issued by Rural Development Department, Maharashtra State; the Circular dated 14/07/2020 issued by Rural Development Department, Maharashtra State.

THE BACKGROUND FACTS

3. The term of about 14,234 Village Panchayats in the State of Maharashtra was to expire between the period from 01/04/2020 upto 31/12/2020. Clause (1) of Article 243E of the Constitution of India provides that every Panchayat, unless sooner dissolved under any law for the time being in force, shall continue for five years from the date appointed for its first meeting and no longer. Clause (3) (a) of Article 243E provides that an election to constitute a Panchayat shall be completed before the expiry of its duration specified in clause (1). In view of the constitutional mandate, the State Election Commission was obliged to conduct the general elections before the expiry of their ter

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