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2025 Supreme(Bom) 1075

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH : NAGPUR
M.S. JAWALKAR, PRAVIN S. PATIL
Gram Panchayat, Yerkheda, Tah. Kamptee, District-Nagpur, through its Sarpanch Smt. Saritabai Madhukar Rangari – Appellant
Versus
State of Maharashtra, trough its Secretary, Rural Development Department – Respondent


Advocates Appeared:
For the Petitioners:Shri R.L. Khapre, Senior Advocate assisted by Shri A.D. Dangore, Advocate
For the Respondents:Shri D.V. Chauhan, Senior Advocate/Government Pleader assisted by Shri A.M. Kadukar, AGP, Shri Shivansh Dalvi, Advocate h/f Shri S.N. Gaikwad, Advocate.

JUDGMENT :

Pravin S. Patil, J.

1. Rule. Rule made returnable forthwith. By consent of the learned Counsel for the parties, the matter is taken up for final disposal.

2. By this petition, initially the petitioners seek declaration that there is no need of conversion of Gram Panchayat Yerkheda into Nagar Panchayat. However, during the pendency of the petition, in view of subsequent development, the present petitioners challenged the Government Resolution, dated 04.10.2024 and further seek direction to quash and set aside the final Notification dated 11.02.2025 and consequent order of appointment of Administrator dated 11.02.2025 issued by respondent no.1-Rural Development Department, State of Maharashtra.

3. The brief facts giving rise to the present petition are as under :

The petitioners are the Gram Panchayat Members who hold the post in view of Gram Panchayat Election held in the month of November, 2022. The present petitioner no.1 stated that after the period of 25 years, the scheduled caste candidate was given chance to head the Gram Panchayat and accordingly she is the first lady belonging to scheduled caste category who was elected for the post of Sarpanch. It is further stated th

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