1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6866 OF 2008 Shri Akram Rafikullah Shaikh .. Petitioner Vs 1. Shri Ninish Pravin Vassa and ors .. Respondents Mr. K.S.Patil, Advocate, for the petitioner. Mrs Neeta Karnik, for respondent nos 1 and 2. CORAM : D.B.BHOSALE J. DATE : 13/04/2010. PC: 1. Heard learned counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. Rule is heard finally by consent. 3. Counsel for the petitioner submits that service on respondent no.3 is not necessary. The learned counsel for the parties have agreed for disposal of the writ petition at this stage. T 2 4. The petitioner is a councilor, who has been disqualified under section 44(e) of the Maharashtra Municipal Council Nagar Panchayats and Townships Act, 1965, by the Collector, District- Thane, vide his order dated 5.7.2008. Against this order, the petitioner filed an appeal under section 44(4) of the Act before the State Government on 12.9.2008. Though the appeal was filed, interim relief was not granted by the appellate authority and, in view thereof, the petitioner filed the instant writ petition seeking limited protection till disposal of the appeal. 5.This Court, while issuing notice on 8.10.2008, had granted ad-interim relief in terms of prayer clause ( c ), thereby granting stay of the execution and operation of the order passed by the Collector dated 5.7.2008. The stay operates till this date. In the circumstances, I am satisfied that this petition can be conveniently disposed of by the following order. i) Respondent no.9 shall endeavour to dispose of the appeal filed by the petitioner (Exhibit-D to the writ petition) as expeditiously as possible and preferably within a period of three months from the date of receipt of this order. ii) The ad-interim relief granted by this court vide order dated 8.10.2008 shall remain operative till the disposal of the appeal and for a period of 15 days thereafter if the order passed 3 in the appeal is adverse to the petitioner. 6. While passing this order, I shall not be understood to have examined the merits of the case and the appellate authority shall decide the appeal on merits in accordance with law and uninfluenced by this order. (D. B. Bhosale, J.)