Mangal Meharprakash Narayankar v. The Collector Jalna And Others

1 wp 14921.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14921 OF 2017 Mangal Meharprakash Narayankar .. Petitioner

Versus

The Collector Jalna and others .. Respondents Shri N. B. Patekar, Advocate h/f Shri P. R. Katneshwarkar, Advocate for the Petitioner.

Shri P. S. Patil, Addl.G.P. for Respondent Nos. 1 and 2. Shri Swapnil S. Patunkar, Advocate for the Respondent No. 3. Shri D. P. Palodkar, Advocate for the Respondent No. 4. CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 22ND MARCH, 2018.

FINAL ORDER :

.

Heard the learned counsel for the petitioner, the learned Additional Government Pleader and the learned counsel for respondent No. 4.

2.

The learned counsel for the petitioner submits that, the petitioner has filed an application assailing election of the respondent No. 4. Same is not decided by the Collector. The application is filed as per the provisions of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships

2 wp 14921.17 Act, 1965.

3.

Considering the fact that, application is pending, the authority where the application is filed, is required to decide the same expeditiously. It is open for the parties to raise the defences and contentions as available to them and all these contentions and defences are required to be considered by the authority while deciding the application.

4.

The respondent No. 1 shall decide the application filed by the petitioner on its own merits, in accordance with law, expeditiously and preferably within a period of six (06) months from today. The authority shall take decision on all the objections raised by the parties. The writ petition is disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/March 18