Saleem Daulat Patel v. Shaikh Jafar Shaikh Akhtar And ORS

( 1 ) wp168.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.168 OF 2019 SALEEM DAULAT PATEL

VERSUS

SHAIKH JAFAR SHAIKH AKHTAR AND ORS Mr. P.N.Sonpethakar, Advocate for the petitioner Mrs. M.D. Deshpande, AGP for the respondent/State. CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

09.01.2019 P.C. :- 1.

Heard learned counsel for the petitioner.

2.

A very limited issue is raised in the petition, namely, non decision on the representations submitted to respondent No.2 i.e. Commissioner of Municipal Corporation, Aurangabad. Learned counsel Mr.Sonpethakar invited our attention to the copy of representation which is placed on record at Exh.'B'.

3.

The submission is, the petitioner raised an objection against one Shri. Shaikh Jafar Shaikh Akhtar, who contested election for the Aurangabad Municipal Corporation and as per the documents the person, namely, Shaikh Jafar Shaikh Akhtar filed an affidavit in respect of the issues. It is the further submission of the learned counsel that the person, namely, Shaikh Jafar Shaikh Akhtar is having three issues. The third issue is a daughter who was born on 27.02.2016.

4.

The learned counsel for the petitioner then submitted that in view of this fact, it is the submission of the petitioner that the person Shaikh

( 2 ) wp168.19 Jafar Shaikh Akhtar incurred disqualification and the petitioner by way of representation raised an objection against Mr. Shaikh Jafar Shaikh Akhtar and requested the Commissioner to take appropriate action and the representation is pending before the authority till date.

5.

This being a limited grievance of the petitioner, in our opinion, the petition itself can be disposed of at the admission stage by issuing directions to respondent No.2 i.e. Municipal Corporation, Aurangabad to decide the representation as expeditiously as possible, needless to state that, on the merits of the representation and preferably within 12 weeks from the date of order of this Court.

6.

With these directions the writ petition is disposed of.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] / .19 ssp Jan /wp168.19