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2021 Supreme(Bom) 986

S.S.SHINDE, M.S.KARNIK
Vidyadhar Mokal – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared:
Shyam Dewani, Advocate, Dewani Associate, Advocate, A.A. Kumbhakoni, Advocate, P.P. Kakade, Advocate, Akshay Shinde, Advocate, Nisha Mehra, Advocate, Ajit Kadethankar, Advocate, G.S. Godbole, Advocate, Shivani Samel, Advocate, Deepashikha Godbole, Advocate, S.B. Talekar, Advocate, Madhavi Ayyappan, Advocate, Talekar & Associates, Advocate, Sandip Andhale, Advocate, Shivaji Shelke, Advocate, Anand Deshpande, Advocate, Kalyan Kumar, Advocate

JUDGMENT

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

2. This group of Petitions is being disposed of by a common judgment and order as a common issue is involved and argued. By this Petition filed under Article 226 of the Constitution of India the petitioners pray for a declaration that the impunged Ordinance No.10 of 2020 i.e. the Maharashtra Village Panchayats (Amendment) Ordinance, 2020 (hereinafter referred to as 'the Ordinance' for short) is unconstitutional and/or ultra vires the provisions of the Maharashtra Village Panchayats Act, 1959 (hereinafter referred to as 'the said Act' for short).

3. The petitioners have further prayed for the directions to the State to forthwith withdraw and/or cancel the impugned Government Resolution ('G.R.' for short) dated 13th July, 2020 issued by the Rural Development Department and also the impugned G.R. dated 14th July, 2020 issued by the Rural Development Department and/or for quashing thereof.

4. In view of the subsequent developments during the course of hearing of this Petition, the petitioners have restricted their challenge presently only as regards the G.R.

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