Shital Rajendra Yadav And Others v. The State Of Maharashtra And Others

1 980-wp.7002-19 & 982-wp.7048-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 980 WRIT PETITION NO.7002 OF 2019 SHITAL RAJENDRA YADAV AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. R.N.Dhorde (Senior Counsel) i/b Mr. V.R.Dhorde, Advocate for Petitioners.

Mrs. M.A.Deshpande, Addl. GP for Respondents-State. ...

WITH 982 WRIT PETITION NO.7048 OF 2019 CHETNA YADNESHWAR PATIL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. V.D.Hon (Senior Counsel) i/b Mr. A.V.Hon, Advocate for Petitioners.

Mr. K.N.Lokhande, AGP for Respondents-State.

Mr. Nagargoje, Advocate for Respondent Nos.4 to 6 & 3 to 5 in both petitions respectively.

...

CORAM :

S.V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE :

14th June, 2019 PER COURT :- 1.

We have heard Mr. R.N.Dhorde, the learned Senior Counsel for the petitioners in Writ Petition No.7002 of 2019 and Mr. V.D.Hon, the learned Senior Counsel for the petitioners in Writ Petition No.7048 of 2019, the learned

2 980-wp.7002-19 & 982-wp.7048-19.odt Additional Government Pleader and Mr. Nagargoje, the learned counsel for respondent Nos.4 to 6 in Writ Petition No.7002 of 2019 and respondent Nos.3 to 5 in Writ Petition No.7048 of 2019.

2.

It appears that the present writ petitioners have filed an appeal before the Hon'ble Minister against the order disqualifying them. The appeal is subjudiced before the Hon'ble Minister. In fact, under the order of the learned Single Judge of this Court dated 19th December 2018 in Writ Petition 9669 of 2018, the learned Single Judge had directed the Minister to decide the appeal within six weeks. It appears that the appeal is filed by the petitioners on 24th May 2019. Naturally, the Hon'ble Minister has to decide the same within six weeks. The learned AGP, on instructions, submits that the Hon'ble Minister would hear these appeals on 20th June, 2019. In view of the statement made that the appeals would be heard on 20th June, 2019, all the parties are expected to appear before the Hon'ble Minister on the said date and work out the matter.

3.

It would be appropriate not to precipitate any further steps. It is submitted that there are only 34 elected councilors, out of that 22 are disqualified.

3 980-wp.7002-19 & 982-wp.7048-19.odt 4.

The process, if is initiated for the election of the Vice President, then the process may go on. But actual election of the Vice President may not be held till the Hon'ble Minister decides the appeal.

5.

With these observations, the Writ Petitions are disposed of. No costs.

(MANGESH S. PATIL, J.) (S.V. GANGAPURWALA, J.) ...

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