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Judgment
On an urgent mention by Mr. Rodrigues, this matter is taken up for consideration though the same bears only Stamp No. WP 2116/2021 (F). Mr. Shirodkar, the learned Additional Government Advocate, appears on behalf of Respondents No.11 and 12.
The challenge in this petition is to the notice dated 01.10.2021 issued by the Secretary, requisitioning a meeting to consider the motion of no confidence against the Petitioner herein - Deputy Sarpanch. The motion in terms of the notice dated 01.10.2021 was passed on 05.10.2021.
The Petitioner has already instituted proceedings before the Director of Panchayats on 08.10.20201. The complaint of the Petitioner is that the Director is not taking up the matter and now the elections to fill in the post of Deputy Sarpanch is scheduled tomorrow i.e. on 13.10.2021.
The Petitioner has complained that the notice dated 01.10.2021 was unfair because no notice of three clear days was allegedly served upon the Petitioner. This is the ground which the Petitioner has already raised before the Director.
According to us, no interference is warranted by this Court because the Petitioner has already availed of the alternate remedy available to her and further, the elections are also scheduled tomorrow i.e. 13.10.2021. However, we agree with Mr. Rodrigues that the Director, should normally take up and dispose of such matters or at least take up and dispose of application for interim relief expeditiously.
Therefore, we direct the Director of Panchayats to dispose of the proceedings instituted by the Petitioner under section 178 of the Panchayat Raj Act as expeditiously as possible, and in any case, within 15 days from today. Since it was pointed out that the Additional Director has expressed some difficulties in taking up the matter, the Director to herself dispose of the proceedings within 15 days from today.
The petition is disposed of in the aforesaid terms.
All concerned to act on authenticated copy of this order.