Savita Vijaykumar Golhar And Another v. The Collector Beed And Another

1 951-WP1563-2020+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 951 WRIT PETITION NO. 1563 OF 2020 Savita Vijaykumar Golhar and another .. Petitioners

Versus

The Collector, Beed and others .. Respondents Mr. D. S. Bagul h/f Pralhad D. Bachate, Advocate for Petitioners. Mrs. G. L. Deshpande, AGP for Respondents-State. Mr. N. L. Jadhav, Advocate for Respondent No. 2. 954 WRIT PETITION NO. 1566 OF 2020 Savita Vijaykumar Golhar and another .. Petitioners

Versus

The Collector, Beed and others .. Respondents Mr. D. S. Bagul h/f Pralhad D. Bachate, Advocate for Petitioners. Mrs. G. L. Deshpande, AGP for Respondents-State. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 23rd JANUARY, 2020.

PER COURT:- .

We have heard Mr. Bagul, learned counsel for the petitioners. The learned counsel submits that on 16.01.2020 the disqualification petitions are filed under the Maharashtra Local Authority Members Disqualification Act, 1986, still as on date the petitions are not registered. The petitions are to be dealt on priority basis and

2 951-WP1563-2020+.odt expeditiously. Tomorrow is the meeting for the election of the chairman of the standing committee. In fact, the present respondents have violated the directions issued by the leader of the party. In view of that, the disqualification of these respondents is axiomatic. The Collector be directed to take hearing today itself.

2.

The learned AGP on instructions submits that the Collector is not in the town. He has been deputed for the workshop and he will join on 25.01.2020 and on 27.01.2020 the steps would be taken. 3.

The disqualification proceedings require a procedure to be adhered. At present we cannot pass any prohibitory order in the present writ petitions as that would be putting cart before the horse. The disputed questions would have to be resolved in the disqualification proceedings. None the else the disqualification proceedings are required to be decided expeditiously. 4.

As it is submitted by the learned AGP on instructions that on 27.01.2020 the steps would be taken by the Collector, the petitioners shall remain present on 27.01.2020. The Collector on 27.01.2020 shall take further steps. The Collector shall deal with the matters on its own merits and decide the same expeditiously. Considering the fact that matters are urgent in nature and the Act requires to deal with the same

3 951-WP1563-2020+.odt on priority basis and within the time stipulated, under the law. 5.

Writ petitions accordingly are disposed of. No costs. 6.

Authenticated copy be given.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.