RAMCHANDRA RAGHUNATH SWAMIversusADDITIONAL DIVISIONAL COMMISSIONER PUNE DIVISION, PUNE

                                                           58 WP 950 OF 2026.odt

            0IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                    CIVIL APPELLATE JURISDICTION

                       58 WRIT PETITION NO. 950 OF 2026

                    RAMCHANDRA RAGHUNATH SWAMI
                                    VERSUS
     ADDITIONAL DIVISIONAL COMMISSIONER PUNE DIVISION, PUNE
                                       ...
     Advocate for Petitioner : Mr. Balkrushna G Patil a/w Mr. Amol Thorat
            A.G.P. for Respondent/State : Mr. Sanjay D. Rayrikar
           Advocate for Respondent No. 4 : Miss. Vaishnavi Mali
                                       ...
                       CORAM               : SHAILESH P. BRAHME, J.

                         DATE              : 17.08.2026


PER COURT :

        Heard both sides.

2.     The petition is directed against order dated 09.12.2025 passed by the
Additional Divisional Commissioner, Pune, refusing to grant stay to the order
of disqualification.     The petitioner was disqualified by the order dated
13.10.2025 passed by the Collector. Being aggrieved, appeal No. 84/2025
was preferred before the Additional Divisional Commissioner, Pune, along
with application for stay.      By the impugned order, the application was
rejected.

3.     This Court granted ad interim relief on 25.02.2026 by a speaking
order after hearing the contesting parties. Thereafter appeal No. 84/2025
was dismissed for default on 27.07.2026.       The order was uploaded on
29.07.2026. Interim relief was continued by this Court vide order dated
09.07.2026.    Thereafter, it was brought to my notice that appeal was
dismissed for default.

4.     In pursuance of earlier orders passed by this Court, the learned A.G.P.

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has placed written instructions of Additional Commissioner stating that
application and the appeal would be decided within thirty days.

5.    The learned counsel for the petitioner submits that his application
filed on 04.08.2026 for restoration has not been dealt with. There is interim
protection granted by this Court, which needs to be continued till disposal of
the application and the Appeal No. 84/2025. The disqualification order can
be stayed and for that purpose various judgment are cited by him.

6.    Per contra, learned counsel appearing for respondent no. 4 would
submit that by misrepresentation interim order was obtained. The Collector
had decided the matter on merits disqualifying the petitioner. Such order of
disqualification cannot be stayed. After interim orders, petitioner failed to
prosecute the appeal, which was required to be dismissed. Any continuation
of the interim relief would cause prejudice.

7.    The application filed by the petitioner for restoration on 04.08.2026 is
yet to be decided. It is incomprehensible as to why the application has not
been attended by the Additional Divisional Commissioner.      It is brought to
my notice that this Court had granted interim relief on 25.02.2026 after
hearing petitioner as well as respondent no. 4, who is a contesting party.
Photo copy of the roznama shows that on 23.07.2026 the petitioner was
absent and on 27.07.2026 appeal was dismissed. The petitioner is met with
very harsh treatment. Its not the case that appeal has been protracted by the
petitioner. The roznama does not disclose lapses on the part of the
petitioner.

8.    The petitioner is democratically elected member of the village
panchayat.    Substantive   appeal    against   disqualification   is   waiting
adjudication. This Court also protected the petitioner vide order dated
25.02.2026 by separate order. In peculiar circumstances, this Court is
directing the Additional Divisional Commissioner, Pune to hear Appeal No.
84/2025 on its own merits. I am constrained to record that it is the
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abdication of the duties to not to consider the application for restoration
promptly. Such liberty was already granted vide order dated 09.07.2026.

9.      The Writ Petition is disposed of by restoring Appeal No. 84/2025 to its
original position and the interim relief granted on 25.02.2026 shall remain
in operation till final conclusion of Appeal No. 84/2025.

10.     Appeal No. 84/2025 shall be decided on its own merits, within a
period of one month and not beyond that. The parties shall cooperate for
expeditious disposal.



                                       ( SHAILESH P. BRAHME, J.)




mkd/-




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