2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application [CAZ] No. 378 of 2011 in Letters Patent Appeal [LPA] No. 45 of 2010 in Writ Petition No. 4740 of 2009 (Chandrakant Gajananrao Pise and others Vs. The Collector, Nagpur and others) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Shri A. S. Chandurkar, Counsel for applicants/respondent nos. 3 and 4. Shri M.I. Dhatrak, Counsel for the the non-applicants/original appellants. CORAM : SMT. VASANTI A. NAIK, PRASSANNA B. VARALE, JJ. DATE : 13th JUNE, 2011. Heard. Nothing would survive in this Letters Patent Appeal and the Letters Patent Appeal is liable to be disposed of in view of the order passed by the Hon’ble Supreme Court in Special Leave Petition No. 26983/2010, on 24/05/2011 upholding the judgment of the Aurangabad Bench of this Court. It has been held by the Hon’ble Apex Court that the Division Bench of the High Court was justified in holding that Rules 6 and 7 of the Maharashtra Local Authority Members’ Disqualification Rules, 1987, are directory and non- compliance thereof is not fatal to the maintainability of the petitions filed by the private respondents. In view of the law laid down by the Hon’ble Apex Court, the Letters Patent Appeal is disposed of with no order as to costs. 2 During the pendency of this Letters Patent Appeal, this Court by an order dated 28/09/2010 had directed the Collector, Nagpur, to continue with the hearing of the matter pending before him. The Collector, Nagpur, was, however, restrained from passing any final order without the leave of the Court. It is informed to this Court by Shri M.I. Dhatrak, the learned Counsel for the petitioners and Shri A.S. Chandurkar, the learned Counsel for respondent nos. 3 & 4 that the Collector, Nagpur, had heard the matter and had closed it for orders. It is, however, submitted on behalf of the petitioners and respondent nos. 3 & 4 that thereafter the Collector, who heard the matter, came to be transferred and another person has joined as Collector, Nagpur, in the vacancy. In such circumstances, it is rightly pointed out on behalf of the parties that this Court may direct the Collector, Nagpur, to rehear the matter and decide in accordance with law. Hence, the Collector, Nagpur, is directed to rehear the matter pending before him in accordance with law within a period of six weeks from the date of this Order. The parties undertake to appear before the Collector, Nagpur, on 22nd of June, 2011. Order accordingly. JUDGE JUDGE *sdw