1 wp9944.10 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.9944 OF 2010 Subhash Kurkute ..Petitioner Vs. The Collector Kolhapur & Ors. ..Respondents. WITH WRIT PETITION NO. 9814 OF 2010 Sou. Varsha Deepak Dhere ..Petitioner Vs. The Collector Kolhapur and others. ..Respondents. ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr.G.S.Godbole i/by P.M. Jadhav for the petitioner in W.P. No.9944 of 2010. Mr. P.K. Dhakephalkar, Sr. Counsel i/by Prashant P. Kulkarni for the petititioner in W.P. No. 9814 of 2010. Mr. A.A. Kumbhkoni, i/bby Mr. S.S. Shah for Respondent Nos. 4 to 11 in W.P. No.9814/2010 and Respondent Nos. 3 to 10 in W.P.No. 9944 of 2010. Mrs. P.S. Cardozo, AGP for Respondent Nos. 1 and 2 in both petitions. 2 wp9944.10 Mr. Amit Borkar for Respondent Nos. 11 to 13 in W.P. No. 9944 of 2010. CORAM : A.S. OKA, J. DATE : 16th DECEMBER 2010 P.C.:­ 1. Heard the learned Senior Counsel appearing for the petitioner in Writ Petition No. 9814 of 2010 and the learned Counsel for the petitioner in Writ Petition No. 9944 of 2010. Heard the learned Counsel for contesting respondents in both the matters and the learned AGP. The learned Counsel appearing for the petitioners stated that if a direction is issued to the Appellate Authority to decide the appeals within a time bound schedule, at this stage, the petitioners in these petitions will not press the challenge to the order of stay dated 7th December, 2010. 2. It is pointed out that the Councilors who have been disqualified and who have been 3 wp9944.10 granted benefit of the impugned orders may seek nomination to the subject committees. 3. Interests of justice will be served, if the appeals are ordered to be heard as expeditiously as possible and in any event on or before 10th February, 2011. 4. Hence, the petitions are disposed of by passing the following order:­ (i) Hearing of the Appeals before the State Government is expedited. The Appellate Authority shall decide the appeals as expeditiously as possible and in any event on or before 10th February, 2011. (ii) The parties are directed to appear before the Appellate Authority on 27th December, 2010 at 11 a.m. only for fixing the date of hearing. (iii) it is made clear that if in the meanwhile, 4 wp9944.10 the nominations are made to subject committees, the same will be subject to the final out come of the appeals. (iv) It is made clear that this Court has not considered the issue of the power of Appellate Authority to grant interim relief and the issue of legality and validity of the order granting stay. (v) In the event the Appellate Authority is not in a position to dispose of the appeals on or before 10th February, 2011, the Appellate Authority will forthwith take up the application for stay for hearing and after hearing all concerned parties shall pass appropriate order thereon. (vi) All contentions of the parties on merits of the Appeals are kept open. (vii) It will be open for the petitioner in Writ Petition No. 9814 of 2010 to appear before the 5 wp9944.10 Appellate Authority on 27th December, 2010 and to make an application for intervention in the appeal. The said application shall be decided by the Appellate Authority in accordance with law. (viii) The Appellate Authority to act upon authenticated copy of this order. JUDGE