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Bombay High CourtWP/2306/2015disposed off

Dr. Mrs. Ayesha Jahir Abbas Nadaf v. Tasgaon Municipal Council And ANR

2015-07-13Hon'Ble Shri Justice Sunil B. Shukre,Hon'Ble Shri Justice Naresh H. Patil1 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2306 OF 2015 Dr.Mrs.Ayesha Jahir Abbas Nadaf.

...

Petitioner.

V/s.

Tasgaon Municipal Council and another.

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Respondents.

A.A.Anturkar i/b. S.B.Deshmukh for the petitioner. Akshar Shinde i/b. A.M.Kulkarni for respondent No.1. Vikas Mali, AGP for respondent No.2­ State.

CORAM :

NARESH H. PATIL AND S.B. SHUKRE, JJ.

DATED :

13th July 2015.

P.C.

The petitioner­ councilor was disqualified under section 44 of the Maharashtra Municipal Council Nagar Panchayat and the Industrial Township Act, 1965 ("said Act" for short). He preferred petition to the Collector, Sangli under section 308 of the said Act. The said petition was dismissed by order dated 7th February 2015. Learned A.G.P. submits that the petitioner has statutory remedy to file appeal before State Government under section 44(4) of the said Act. In view of availability of efficacious alternate remedy, no interference is warranted. Petitioner may resort to alternate remedy. All issues on merits are kept open. 2.

With this observation, petition is disposed of. (S.B. SHUKRE, J.) (NARESH H. PATIL, J.) Sanjay Nanoskar, P.S..