Bombay High CourtWP/5436/2014dismissedrule discharged

Sau. Bharti W/O Chandrashekhar Dhore v. The State Of Maharashtra, Thr. Honble Chief Minister, Urban Development Department, Mumbai And Othe

2016-01-05Hon'Ble Shri Justice Z.A. Haq2 pages

1 wp5436.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5436 OF 2014.

(SAU. BHARTI CHANDRASHEKHAR DHORE...VS..THE STATE OF MAH. & 4 OTH.) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - CORAM : Z.A.HAQ, J.

DATED : JANUARY 05, 2016.

Heard Shri R.D.Wakode, advocate for the petitioner, Shri T.S.Deshpande, advocate for the respondent No.3, Shri V.G.Bhamburkar, advocate for the respondent No.5 and Ms Rashi Deshpande, A.G.P. for the respondent Nos. 1 and 2.

The petitioner has challenged the order passed by the Hon'ble Minister dismissing the appeal filed by her and maintaining the order passed by the Collector disqualifying her from continuing as the member of the Municipal Council. It is undisputed that the petitioner is having one child from her first marriage and two children from the second marriage. The Collector disqualified the petitioner from continuing as the member of the Municipal Council in view of the provisions of Section 16(1)(k) of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. The issue is covered by the judgment given by this Court in the case of Ashok Vs. State of Mah., reported in 2012(6) Mh.L.J. 782.

The petition is dismissed. In the circumstances, the parties to bear their own costs.

2 wp5436.14 C.A.W. NO. 3046/2014.

In view of dismissal of the petition the application for dispensing with the true translation of Marathi document has become infructuous, hence, it is disposed of. JUDGE RRaut..