Mr. Arvind Balkrishna More v. State Of Maharashtra Through Principal Secretary And ORS

ash wp-11865.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11865 OF 2015 Mr. Arvind Balkrishna More.

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Petitioner Vs State of Maharashtra and Others.

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Respondents - Shri Jagdish G. Reddy (Aradwad) for the Petitioner. Shri V.P. Malvankar, AGP "A" Panel for the Respondent No.1. Shri A.S. Rao for the Respondent No.2.

Shri Irfan A. Shaikh i/b Shri S.B.Shetye for the Respondent No.3. -- CORAM :

A.S. OKA & C.V. BHADANG, JJ DATED :

25TH JANUARY 2016 P.C.

1.

Heard Learned counsel appearing for the Petitioner and the learned counsel appearing for the second Respondent. Number of representations were made by the Petitioner calling upon the Municipal Commissioner of the second Respondent to hold that a particular elected Councillor stands disqualified under Section 10(1D) and 10(1) (h) of the Maharashtra Municipal Corporations Act, 1949. It is not in dispute that the said representations are still pending. 2.

Hence, we dispose of the Petition by passing the following order:

ash wp-11865.15 ORDER :

(a) We direct the Municipal Commissioner of the Kalyan Dombivali Municipal Corporation to decide the representation dated 16th November 2015 (Exhibit-L to the Petition) made by the Petitioner through his Advocate as expeditiously as possible and in any event within a period of six weeks from today; (b) Needless to state that the Municipal Commissioner of the Kalyan Dombivali Municipal Corporation will follow the principles of the natural justice; (c) All contentions on merits are kept open;

(d) The Petition is disposed of on above terms.

(C.V. BHADANG, J) ( A.S. OKA, J )