2026:BHC-AS:3640 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12689 OF 2025

1. Yogesh Ashok Deshmukh Age: 39 years, Ex. Dy. Sarpanch, Grampanchayat Mharal, Residing at – Mharal, Tq. – Kalyan, District: Thane.

2. Laxman Govind Kongere Age – 64 years, Residing at – Mharal, Tq. Kalyan, District: Thane. ..Petitioners Versus

1. Nilima Nandu Mhatre Age – 42 years, Sarpanch Grampanchayat Mharal, Tq.- Kalyan, Dist: Thane.

2. Divisional Commissioner, Konkan Division, (Establishment Branch)

Having its office at 112, 1st Floor, Kokan Bhavan, Navi Mumbai – 400 614.

3. Additional Collector, Thane Having its office at 18, Administrative Building, 1st Floor, Collector Office, Thane

4. Block Development Officer, Panchayat Samiti, Kalyan, Kalyan, Dist: Thane.

5. Amol Ulhas Murbade Gramsevak, Mharal, Tq. Kalyan, Dist: Thane 6. Deepak Vaman Ahire Age – 45 years, Residing at – Mharal, Tq. Kalyan, Dist: Thane.

7. Monika Mukesh Gaikwad Age – 38 years, Residing at – Mharal, Tq. Kalyan, Dist: Thane

8. Nanda Pandurang Mhatre Age – 54 years, Residing at – Mharal, Tq. Kalyan Dist: Thane.

9. Vikas Gopal Pawar Age – 42 years, Residing at – Mharal, Tq. Kalyan Dist: Thane

10 Amruta Mahesh Deshmukh Age – 38 years, Residing at – Mharal, Tq. Kalyan Dist: Thane

11 Prakash Baban Chaudhary Age – 55 years, Residing at – Mharal, Tq. Kalyan Dist: Thane

12 Pragati Prakash Kongere Age – 45 years, Residing at – Mharal, Tq. Kalyan Dist: Thane

13 Anita Balkrishna Deshmukh Age – 42 years, Residing at – Mharal, Tq. Kalyan Dist: Thane

14 Ashwini Nilesh Deshmukh Age – 39 years, Residing at – Mharal, Tq. Kalyan Dist: Thane

15 Vedika Vivek Gambhirrao Age – 38 years, Residing at – Mharal, Tq. Kalyan Dist: Thane

16 Kishore Govind Wadekar Age – 40 years, Residing at – Mharal, Tq. Kalyan Dist: Thane

17 Pramod Purushottam Deshmukh Age – 55 years, Residing at – Mharal, Tq. Kalyan …Respondents Dist: Thane Mr. Avinash Fatangare a/w Santosh Sawant & Ms. Archana Shelar, for the Petitioner.

Mr. Sanjay Patil, for Respondent No. 1 Mr. B. B. Dahiphale, AGP for the Respondent Nos. 2 & 3–State.

Ms. Prerna Agavekar, Mr. Sagar Bhoir i/by Ashish Gaikwad, for Respondent No. 4.

CORAM : N. J. JAMADAR, J.

RESERVED ON : 12^th JANUARY 2026 PRONOUNCED ON : 22^nd JANUARY 2026 JUDGMENT:

1. Rule. Rule made returnable forthwith, and, with the consent of learned Counsel for the parties, heard finally.

2. The petitioners, who are the Deputy Sarpanch and Member of the village panchayat – Mharal, take exception to a judgment and order dated 17^th February, 2025 passed by the Divisional Commissioner, Konkan Division in an appeal under Section 29(4) of the Maharashtra Village Panchayats Act, 1959, whereby the appeal preferred by the Respondent No. 1, Sarpanch of village panchayat – Mharal, came to be allowed by setting aside an order dated 23^rd September, 2024 rejecting the dispute application, being D.A. No. 01/2024, preferred by the Respondent No. 1 in regard to the genuineness of the resignation of the post of Sarpanch tendered by the Respondent No. 1.

3. The background facts necessary for the determination of this petition can be stated, in brief, as under:-

3.1 In the election to the post of Sarpanch held on 14^th November, 2022, the Respondent No. 1 was elected unopposed. On 18^th March, 2024, the Respondent No. 1 tendered resignation of the post of Sarpanch in the prescribed form. The petitioners witnessed the Respondent No. 1 putting signature on the said resignation. The petitioners thus signed the said resignation as witnesses thereto.

3.2 In the wake of said resignation, the Block Development Officer, Panchayat Samiti, Kalyan (R-4) gave directions to the Gram Sevak of the village panchayat (R-5) to convene a meeting of the village panchayat to ascertain the genuineness of the resignation tendered by the Respondent No. 1. Accordingly, on

28^th March, 2024, a meeting of the village panchayat was held.

3.3 In the said meeting the Respondent No. 1 raised an issue about improper acknowledgment of