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. 1/3 58 WP 950 OF 2026.odt 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 2/3 58 WP 950 OF 2026.odt 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/- 3/3