:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 46 OF 2007 PUBLIC INTEREST LITIGATION NO. 46 OF 2007 PUBLIC INTEREST LITIGATION NO. 46 OF 2007 Deepak Chandrakant Patodkar ..Petitioner versus Yeola Municipal Council & Ors. ..Respondents Mr. S. C. Naidu i/b. Shri Sagar G. Talekar for the Petitioner. Mr. S. S. Kulkarni for the Respondent Nos. 1 and 2. Mr. S. S. Shah for the Respondent No. 3. Mr. P. M. Patil, AGP for the Resopondent No.4. CORAM : BILAL NAZKI and CORAM : BILAL NAZKI and CORAM : BILAL NAZKI and S. A. BOBDE, JJ. S. A. BOBDE, JJ. S. A. BOBDE, JJ. DATE : 12TH MARCH, 2008. DATE : 12TH MARCH, 2008. DATE : 12TH MARCH, 2008. P.C. P.C. P.C. 1. Grievance of the petitioner was two fold in the petition. One that certain construction had been made unauthorisedly and it should be demolished. This relief was granted by this court and we are told at the bar that the constructions made unauthorisedly have already been demolished and removed. The second contention was that one of the construction was made by the Respondent No. 3 who is the President of the Respondent No.1 Council. :2: Therefore, he has incurred disqualification to be the President and therefore he should be removed as a President. This is an admitted fact that the respondent No.3 President had made constructions unauthorisedly and those constructions have already been demolished and removed. It is not disputed. The only dispute is whether respondent No.3 could be removed because admittedly the constructions he had made unauthorisedly were made by him before he was elected as a President. 2. We feel that this matter can be considered by the Government in terms of Section 55A of The Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. Without going into the rival contentions of the parties, we dispose of this petition directing the Government to consider import of the fact that the Respondent No.3 the President of the Respondent No.1 Council had constructed a building without obtaining permission unauthorisedly, which has already been demolished and whether Respondent No.3 has incurred any disqualification on that count or not and if so pass appropriate orders after hearing the parties in accordance with the mandate of Section 55A of The Maharashtra Municipal Councils, Nagar Panchayats and :3: Industrial Townships Act, 1965. The Government shall take decision within three weeks from today. 3. Writ Petition stands disposed of accordingly. (BILAL NAZKI, J.) (BILAL NAZKI, J.) (BILAL NAZKI, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)