1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.1619 OF 2010 Sunil Gopinath Gavali & Ors. ...Petitioners Vs. Prakash Shankarrao Vaje & Ors. ...Respondents Mr. S. M. Sabrad, Advocate for Petitioners Mr.M.S.Karnik & Mr. M. Inamdar, Advocate for Respondent No.2 Mr. R.M. Patne, A.G.P for Respondents 4 & 6 CORAM : SMT. ROSHAN DALVI, J. DATED : 4TH MARCH, 2010 P.C. : 1. The Petitioner has been disqualified under Section 3 of the Maharashtra Local Authority Members Disqualification Act, 1986. His Appeal lies before the State Government from the order of the Collector, under Section 44 of the Maharashtra Municipal Councils, Nagar Panchayats And Industrial Townships Act, 1965. The Petitioner has filed his Appeal on 1st January 2010. The Appeal was not heard until 26th February 2010. The Petitioner has filed this Writ Petition on 26th February 2010. The Election Programme 2 has been declared. The voters’ list is due to be published tomorrow. The Election is scheduled to be held in April, 2010. However the Petitioner is entitled to be heard in Appeal under Section 44 of the above Act. 2. The learned Appellate Authority shall hear and dispose off the Appeal of the Petitioner within 2 weeks from today. 3. The Petitioner shall make himself available before the learned Appellate Authority on the date fixed by the Authority. The Election results shall abide the result of the Appeal. 4. The maintainability of the Petition shall be considered by the learned Appellate Authority. 5. Rule is granted according and Writ Petition is disposed off. 6. The learned A.G.P shall communicate this order to the learned Appellate Court. (SMT.ROSHAN DALVI, J.)