Shaileshkumar S/O. Dilip Suroshe v. The District Collector, Yavatmal And Others

1/2 101.wp.3165.2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3165 OF 2026 (Shaileshkumar Dilip Suroshe V/s The District Collector, Yavatmal & Ors.) Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. S. Wathore, Advocate for Petitioner.

Mr. I. J. Damle, AGP for Respondent No.1/State. --------------------------- CORAM : ANIL S. KILOR AND RAJ D. WAKODE, JJ. DATE : APRIL 27, 2026.

.

Heard Mr. Wathore, the learned Counsel for the Petitioner.

2.

By the present Petition, the Petitioner seeks direction to the Respondent No.1 - District Collector, Yavatmal to decide the disqualification proceeding under Section 3(1)(b) of the Maharashtra Local Authority Members' Disqualification Act, 1986 (for short, 'the Act of 1986').

3.

It is the contention of the Petitioner that the Respondent No.3 was elected as a Member of the Municipal Council, Mahagaon, District Yavatmal. On 21/5/2024 the proceedings were filed by the Petitioner against the Respondent No.3 for disqualification under Section 3(1)(b) of the Act of 1986. 4.

The learned Counsel for the Petitioner has invited our attention to the pleading, more specifically paragraph No. 7 of the Petition, thereby pointing out that the Respondent No.3 has filed

2/2 101.wp.3165.2026.odt the reply on 20/8/2024; the evidence was lead; the crossexamination was conducted; and the written notes of arguments were placed on record by both the parties on 20/8/2024. The record shows that after 20/8/2024 no order has been passed by the Respondent No.1 and the proceedings are pending till date. In view of the above, the Petitioner has assailed the cause. 5.

Since the aforesaid proceedings are filed for disqualification under the provisions of the Act of 1986 and the pleadings so also the evidence and the arguments in the aforesaid matter are over on 20/8/2024, we dispose of the present Writ Petition with a direction to the Respondent No.1 - District Collector, Yavatmal to decide the aforesaid proceedings within a stipulate period of four weeks from the date of production of this order.

6.

The decision in the aforesaid Petition shall be communicated to the Petitioner within a period of two weeks from the date of decision.

7.

Writ Petition stands disposed of in above terms with no order as to costs.

[RAJ D. WAKODE, J.] [ANIL S. KILOR, J.] vijaya Signed by: Mrs. V.G. Yadav Designation: PS To Honourable Judge Date: 28/04/2026 10:42:37