1 ladda IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No.4825 OF 2009 Rajendra Dasharath Khabale & Ors ..Petitioners. vs. State of Maharashtra & Ors. ..Respondents. Mr S.S. Patwardhan, Advocate for the Petitioners. Mrs M.P. Thakur, A.G.P.,for Respondents. CORAM: D.K. DESHMUKH AND K.K.TATED,JJ DATED: 4TH NOVEMBER,2009 P.C.:- 1. Rule, returnable forthwith.Heard finally by consent of parties. 2. It is admitted position that elections to the Primary School Board of Gadhinglaj 2 Municipal Council were held on 5.2.2007. Thereafter, the Chief Officer of the Municipal Council addressed a letter to the Director of Education, Pune dated 5.2.2007 communicating the names of the elected members. According to the provisions of Rule 8 of the Bombay Primary Education Rules, 1949 the names of all the members of a School Board elected and appointed or nominated are to be published in the official Gazette. Though the letter was addressed to the Director in February, 2007 no steps were taken to publish the names of the elected members in the official Gazette. Therefore, this petition has been filed seeking a direction for publication of the names of the elected members in the official Gazette. The only explanation given on behalf of the respondents for not publishing of the names as required by law is an interim order passed by a Division Bench of this Court dated 8.6.2009 in Writ Petition No.4827/2008. By that interim 3 order what has been done is that operation of the provisions of Section 4 (4) and 4 (7) of the Bombay Primary Education Act, 1947 has been stayed. Firstly, it being an interim order it will operate in relation to the Municipal Education Board which was the subject matter of Writ Petition No.4827/2008 and not in relation to other education boards. It is common ground before us that in the present case elections were held in the year 2007 and nobody has challenged validity of those elections and therefore refusal of the respondents to publish the names of the elected members as per Rule 8 of the Bombay Primary Education Rules relying on the interim order is totally unjustified. In our opinion, interim order does not in any way prohibit the State Government either from publishing the names of the elected members nor does it prohibit the State Government from acting on the provisions of the relevant sections in relation to other education boards. 4 In this view of the matter, therefore, in our opinion, the present petition will have to be allowed. It is accordingly allowed. The respondents are directed to comply with the provisions of Rule 8 in relation to the Primary Education Board of Gadhinglaj Municipal Council is concerned. 3. Rule is made absolute accordingly. No order as to costs. (D.K. DESHMUKH,J) (K.K.TATED,J)