1 19WP.4896-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4896 OF 2011 Vasubhai Patel. ..Petitioner. Vs. The Chief Executive Officer, Dist. Panchayat, Daman & Diu and others. ..Respondents. .... Mr.Balkrishna D. Joshi, i/b. M.S. Lagu, Advocate for the Petitioner. .... CORAM : D. D. SINHA & A. R. JOSHI, JJ. DATED : 06th JULY, 2011 P.C. 1. Heard learned Counsel for the Petitioner. At the outset, it is submitted that the grievance of the Petitioner is in respect of disqualification incurred by Respondent Nos.3 to 8 and therefore they cannot be continued to be Members of District Panchayat, Daman & Diu. It is submitted that the petitioner, who is member of panchayat as well as leader of B.J.P. Party, submitted an application dated 30.3.2011 to Respondent No.2 – Administrator for declaring Respondent Nos.3 to 8 as disqualified for being Member of Panchayat, which is pending for decision before the said Authority and, therefore, prayed that direction be given to Respondent No.2 to decide the same in accordance with law within a stipulated period. Learned Counsel for the Petitioner further prayed that other aspects raised in the Petition may kindly be kept open and permit the PPD 2 19WP.4896-11 petitioner to withdraw the petition at this stage. 2. On the backdrop of the above referred facts, we see no reason why such direction cannot be issued to Respondent No.2 to decide the application of the petitioner according to law if not decided earlier since, it is for Respondent No.2 to consider the issue on merits and is required to take a decision in accordance with law. We dispose of this Petition as withdrawn with direction to Respondent No.2 to decide application of the petitioner dated 30.3.2011, if not decided earlier, in accordance with law and procedure applicable in this regard on its own merits within a period of two months from the date of communication of this order. Other issues raised in this Petition are kept open. (D. D. SINHA, J.) (A. R. JOSHI, J.)