Smt. Jayashree W/O Charandas Rasekar v. Mohd. Kalam Pir S/O Mohd Sheikh And Another

(1) 48wp335.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 335 OF 2023 Jayashree Charandas Rasekar__ Vs. __Mohd. Kalam Pir Mohd. Sheikh and anr --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S.Y.Deopujari, Advocate for Petitioner Mr. G.N.Khanzode, Advocate for respondent No.1 Mr. N.R.Patil, AGP for respondent no.2 CORAM :

AVINASH G. GHAROTE, J.

DATE : 02/03/2023 1] Heard Mr. Deopujari, learned counsel for the petitioner, Mr. Khanzode, learned counsel for respondent No.1 and Mr. Patil, learned AGP for respondent no.2. 2] The order dated 29.12.2022 (pg.34) is being assailed on the ground that the procedure as prescribed in the Maharashtra Local Authority Members Disqualification Rules, 1987, namely Rule 7 (Rules 6 to

9) has not been followed.

3] The learned counsels for the respondents from the impugned order are unable to point out that any articles of charges as required under Rule 6 of the aforesaid Rules have been framed and the procedure as indicated in Rules 7, 8 & 9 has been followed.

(2) 48wp335.23 3] There is no other material placed on record to indicate that the procedure laid down in Rules 6 to 9 of the aforesaid Rules has been followed, in view of which the impugned order is hereby quashed and set aside, as the following of the Rules is mandatory [Mirza Kadir Baig Rasul Baig vrs. District Collector and ors, 2003 (4) Bom.C.R. 672] and the matter is remanded back to the respondent no.2, to decide it afresh in strict compliance with the provisions of Maharashtra Local Authority Members Disqualification Rules, 1987. 4] Petition is allowed in above terms. No costs. JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: