Shaikh Mohd. Shabbir v. Hon'Ble Cheif Minister Secretary And ORS.

skc 1 38-WP-6109=17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6109 OF 2017 Shaikh Mohd. Shabbir ..Petitioner Vs Hon'ble Chief Minister Secretary, The State of Maharashtra & Ors.

..Respondents Mr. Shaikh Mohd. Shabbir Petitioner-in-person present. Mr. P. P. More - AGP for State.

CORAM : SHANTANU S. KEMKAR & M. S. SONAK, JJ.

DATE : JULY 07, 2017 P.C. :

Through this petition filed under Article 226 of the Constitution of India, the petitioner has challenged the report of the Committee, disallowing him to appear as party in person in writ petition nos. 8300 of 2016, 8173 of 2016, 8174 of 2017 and first appeal no. 2753 of 2007.

2] We find that the Petitioner has not filed in the writ petition the decision of the Committee. Even otherwise in our considered view under Rule 7 of Chapter IV A of Bombay High Court Appellate Side Rules, the discretion to allow litigant/s to appear in person and 1/2

skc 2 38-WP-6109=17.sxw conduct the proceedings in the Court is of the Court before which the matter lies inspite of there being an adverse report of the Scrutiny Committee under Rules 2 and 3 of the said Rules. 3] In the circumstances, the challenge of the petitioner to the opinion of the Committee is misconceived and premature. 4] With liberty to the petitioner to raise all the available pleas against the opinion / decision of the Committee before the concerned Court before which the matters would lie, we dispose of this petition. (M. S. SONAK, J.) (SHANTANU S. KEMKAR, J.) Chandka 2/2