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Bombay High CourtWP/2949/2021disposed off

Shailesh Prakash Gojamgunde v. The State Of Maharashtra And

2022-04-07Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Dige3 pages

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2949 OF 2021 WITH CIVIL APPLICATION NO.4372 OF 2022 IN WP/2949/2021 SHAILESH PRAKASH GOJAMGUNDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH WRIT PETITION NO.2890 OF 2021 WITH CIVIL APPLICATION NO.2789 OF 2021 IN WP/2890/2021 SHAILESH BANDU SWAMI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO.5397 OF 2022 IN WP/2949/2021 PRAKASH KAMLAKAR PATHAK

VERSUS

SHAILESH PRAKASH GOJAMGUNDE AND OTHERS ...

Advocate for the Petitioners : Shri Urgunde Suhas P. AGP for the Respondents/ State : Shri S.R. Yadav Advocate for Respondents 4 to 6 and for Respondents 3 and 4/ Municipal Corporation : Shri Hanmant V. Patil Advocate for the Applicant/ Intervenor : Shri A.N. Irpatgire ...

CORAM : RAVINDRA V. GHUGE & S.G. DIGE, JJ.

*2* DATE :- 07th April, 2022 Per Court :- 1.

We are informed that the order dated 24.03.2022 and especially the directions set out in paragraph 3 have been partly complied with.

2.

The learned advocate for the respondent/ Municipal Corporation submits that as per the procedure, the members are to be first elected as per Section 20(1) of the Maharashtra Municipal Corporation Act, 1949 and thereafter, the Chairman of the Standing Committee has to be elected. The election of the members is held. The coram is complete. There is no obstacle in the path of the Municipal Corporation to hold the election for the post of the Chairman of the Standing Committee and the same will be done strictly in accordance with the procedure laid down in law. This statement is recorded.

3.

Considering the above, the purpose for which these two Writ Petitions were filed, is achieved and the petitions stand worked out. As such, both these Writ Petitions are disposed off. 4.

Insofar as Civil Application No.5397/2022 filed by Prakash Pathak is concerned, the same is disposed off as there is

*3* no embargo on this applicant in availing of a remedy as is permissible in law.

5.

The other pending Civil Applications do not survive and stand disposed off.

kps (S.G. DIGE, J.) (RAVINDRA V. GHUGE, J.)